- (1.)AS all the above applicants under Section 482, Cr. P. C. arose out of the same set of facts and the common arguments have been advanced in these petitions, hence, these all are being decided by one common order.
(2.)THE facts of the case are that a complaint was filed by O. P. No. 2, M/s. Surya leasing Ltd. through its Special Power of Attorney Shri Pradeep Kumar agarwal against nine persons namely M/s. Garima Construction Co. (P) Ltd. through its Managing Director, Shri Kapil Krishan Sabarwati, Shri Mohit sabarwal, Smt. Prabha Sabarwal, Sri Madan mohan Gulathi, Sri Prem Gulathi, Sri Dinesh gulathi, Sri Chitranjan Gulathi and Smt. Brahma Devi, under Section 138/139 N. I. Act and 420, IPC. The complaint case was that the complainant is a leasing company having its Head Office at New Delhi and branch Office at Aligarh. Shri Pradeep kumar Agarwal is the Special Power of Attorney Holder of the complainant company and this power of attorney has been signed and executed in favour of Shri Pradeep kumar Agarwal by the Managing Director of the company Shri Puran Chand. Opposite Party No. 1 M/s. Garima Construction co. is a Private Ltd. company at Aligarh. Accused No. 2 Shri Kapil Krishan Sabarwati is its Managing Director while all the other accused i. e. accused Nos. 3 to 9 are the Directors in the company. On 3-8-03 accused nos. 2, 3 and 4 namely Shri Kapil Krishan sabarwati, Shri Mohit Sabarwal and Smt. Prabha Sabarwal approached the Managing director of the complainant company and requested him to grant a loan of Rs. 2,50,000/ -. This request and proposal of these persons was duly considered by the managing Director of the complainant company and on the same day a cash of rs. 2,50,000/- as loan was given to the above named persons on behalf of the accused No. 1. Accused No. 2 i. e. Shri Kapil Krishan sabarwati being the Managing Director of accused No. 1 signed and issued an account payee cheque No. 511080 dated 3-9-03 for a sum of Rs. 2,50,000/- drawn at Punjab national Bank, Civil Lines, Aligarh from the account of accused No. 1 and an assurance was given with this cheque that this cheque shall be honoured by their bankers on its presentation. When this cheque was presented by the complainant with its banker on 3-9-03 it was dishonoured on 4-9-03 with the remark of the bank "insufficient fund and drawer signature differs". Thereupon a notice was sent by the complainant to the accused persons to pay the amount of the cheque but the amount was not paid within the stipulated period prescribed under the negotiable Instruments Act, hence, the complainant M/s. Surya Leasing Ltd. through its Special Power of Attorney Shri Pradeep kumar Agarwal filed a complaint against all the above 9 accused persons.
(3.)THE statement of power of attorney holder Shri Pradeep Kumar Agarwal was recorded by the Court concerned under Section 200, Cr. P. C. and thereafter, finding it a case under Section 138/141, N. I. Act the cjm, Aligarh vide its order dated 3-1-04 summoned all the accused mentioned above under these Sections which gave rise to these petitions.