VINOD K.SHARMA,J - (1.) THIS order shall dispose of two petitions bearing Crl. Misc. No. 30177-M of 2005 M/s. Moderna Radio House & Ors. v. M/s. Whirpool of India Ltd., and Crl. Misc. No. 30175-M of 2005 titled M/s. Moderna Radio House & Ors. v. M/s. Whirpool of India Ltd., as common questions of law and facts are involved in both these petitions. For facility the facts are being taken from Crl. Misc. No. 30177-M of 2005.
(2.) THE petitioners seek quashing of complaint No. 867/2 titled M/s. Whirlpool of India Ltd. v. M/s. Moderna Radio House and others, dated 2.8.2001, Annexure P.6, filed under section 138 of the Negotiable Instruments Act, 1881 (for short the Act) and the summoning order dated 12.10.2001, Annexure P.7. Petitioner No. 1 is a firm whereas petitioners Nos. 2 to 4 are the partners of petitioner No. 1, who are having business dealing with M/s. Whirlpool of India Ltd. The complainant is engaged in business of manufacturing household appliances and had appointed petitioner firm as its distributor. It is claimed by the petitioners that there was dispute between the parties with regard to the credit notes to which the petitioners were entitled to. The petitioners issued six post dated cheques of Rs. 5 lacs each to the complainant-respondent and one of the said cheques was Cheque No. Ca/99/ DENO.008255 drawn on Bank of Baroda, Rajkot. It is the case of the petitioners that as their claim was not settled, a request was made to the respondent claimant not to deposit the cheque before the settlement of claim. It is further the case of the petitioners that instructions were issued to the bank to stop the payment of cheques issued.
(3.) THE allegations against the petitioners are that when cheque was presented for encashment same was returned vide Memo dated 29.5.2001 with the remarks that payment stopped by the drawer. The respondent thereafter issued a statutory notice and on non-payment of amount of the cheque complaint under section 138 read with Sections 141 and 142 of the Act and Section 420 read with Section 120-B/34 IPC was filed.;