HARMOHINDER KAUR SANDHU J. - (1.) THIS judgment will dispose of Criminal Miscellaneous Nos. 10749 -M of 1992, 10751 -M of 1992, 10753 -M of 1992, 10755 -M of 1992 and 10757 -M of 1992 all titled Sanjiv Kumar v. Surendera Steel Rolling Mills, Mandi Gobindgarh.
(2.) SURENDERA Steel Rolling Mills, carried on its business of steel rolling at Mandi Gobindgarh. This firm filed five different complaints against Sanjiv Kumar, the present petitioner, for an offence under Section 138 of the Negotiable Instruments Act, alleging that the petitioner purchased rolling material from the firm on different dates and issued five cheques for a total amount of Rs. 3,40,000. The cheques were presented to the bank by the firm through its banker but the same were dishonoured by the Union Bank of India, Mandi Gobindgarh, with the remarks 'refer to drawer' meaning thereby that there was no arrangement to meet the amount of the said cheques in the account of the petitioner. The petitioner was fully aware at the time of issuing the cheques that the same would not be honoured when presented to the concerned bank. On receipt of notice from the bank on February 14, 1991, the petitioner was asked to make payment of the amount within 15 days through a notice but no payment was made. The petitioner has filed the present petitions under Section 482 of the Code of Criminal Procedure for quashing the five complaints filed by the respondent firm pending in the court of the learned Sub -Divisional Judicial Magistrate, Amloh, and subsequent proceedings arising therefrom. It was alleged in the petition that the petitioner had entered into a contract with the respondent for the purchase of 500 mt. of rolling material at the rate of Rs. 7,800 per mt. but the respondent supplied only part of the material and as the price of the material had increased the respondent refused to supply the rest of the material unless post dated cheques were issued in advance. The following cheques were then issued : ChequeNo. Dated Rs. 0718450 10 -10 -90 1,00,000 0718342 10 -11 -90 60,000 0718338 10 -12 -90 60,000 0718339 10 -01 -91 60,000 0718341 10 -02 -91 60,000
(3.) MATERIAL against these cheques was to be supplied on the dates mentioned in the cheques. On failure of the respondent to supply the material he filed a Civil Suit No. 32 on 15th January, 1991, in the Court of Sub -Judge, First Class, Amloh. On 29th January, 1991, the respondent also filed a suit for the recovery of Rs. 4,51,635 and also filed criminal complaints in which the petitioner was summoned. Proceedings in the suit filed by the respondent were stayed when an application under Section 10 of the Code of Civil Procedure was moved. The subject -matter of the suit filed by the respondent and the allegations made in the complaint were of the same nature, so proceedings in the complaint amounted to an abuse of the process of the court.;