- (1.) As strange as it may appear, but strictly speaking, the tendency and frequency of the complainants, to settle their score(civil dispute) by filing the false criminal complaints against the accused, is increasing day-by-day in our society mounting number of pending cases in the Courts. The instant case is a burning example of such like cases.
(2.) The contour of the facts, which needs a necessary mention for the limited purpose of deciding the sole controversy, involved in the present petition and emanating from the record is that, a Petrol Pump outlet was allotted to Bimla Yadav-complainant-respondent No.2(for brevity "the complainant"). She entered into an agreement with Hukam Singh(petitioner No.1), to jointly run the Petrol Pump and to share the profit and losses in the ratio of 51%(complainant) and 49% (petitioner No.1). She has also executed a General Power of Attorney, authorising Gabbar Singh(petitioner No.2) son of Hukam Singh, to operate all the accounts and to complete the tax formalities etc. She has sworn an affidavit on 25.11.2002 before the Executive Magistrate, Jhajjar, in this regard.
(3.) During the course of business, some differences of accounts erupted and settled between the parties. Consequently, the complainant issued two account payee cheques to the petitioners, to discharge her legal liability in this respect, which were dishonoured and the petitioners filed criminal complaints against her under Sections 138 and 142 of The Negotiable Instruments Act(hereinafter to be referred as "the Act").;