Gopal Krishan Vyas, J. - (1.) All the above criminal miscellaneous petitions have been filed to quash order dated 6.1.2011 passed upon complaint filed by the respondent-plaintiff under Section 138, read with Section 142 of the Negotiable Instruments Act, 1881 and with the prayer that consequential proceedings arising out the same may be quashed and complaint may be returned.
(2.) As per facts of the case, the petitioner company is established at Delhi and dealing with business of Denim Fabric and Textile products having its office at 9/29-A, Main Road, Kailash Nagar, Gandhi Nagar,, Delhi (previously at 7476 1st Floor, Dharampura, Gurdhwara Gali, Gandhi Nagar, Delhi). The respondent company is incorporated under the provisions of the Companies Act, 1956 having its office at Bhilwara Towers, A/12, Sector 1, Noida-201301. Said respondent company is involved in the business of manufacturing fabric and its manufacturing until is situated in Rajasthan. As per petitioner, all the sales and collection of payment in respect of the sales/transactions are carried out from its registered office at Noida, Uttar Pradesh. No businessman or distributor including the petitioner has anything to do with the manufacturing unit and they are directly connected with the office at Noida (U.P.) which is the epicentres of all sales and business of the respondent company.
(3.) Contention of the petitioner in the petition is that since January 2008 the petitioner used to purchase Denim Fabric as per the business terms and conditions regularly and making payment without. any fail. The petitioner as well as respondent are maintaining running-account in respect of the fabric purchased, delivered and payment received or made. All the purchase orders were placed at its Noida office and in furtherance thereof all the cheques/security cheques or D.D. were deposited at its Noida office. The petitioner used to receive goods transported at Delhi against handing overability which was issued by the respondent in the name of itself.;