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2020 Supreme(Chh) 387

SANJAY K.AGRAWAL
Vicon Developers Pvt. Ltd. – Appellant
Versus
Sanjay Shrimal – Respondent


Advocates Appeared:
Mayank Kumar, Advocate, Ravi Kumar Bhagat, Advocate

JUDGMENT

Sanjay K. Agrawal, J. - Proceedings of these matters have been conducted through video conferencing from the High Court premises at Bodri, Bilaspur.

    2. Since common question of fact and law is involved in all these petitions, therefore, they have been clubbed together and taken-up for hearing analogously and are being disposed of by this common order.

      3. For the sake of convenience, facts of Cr.M.P.No.757/2020 (M/s. Vicon Developers Pvt. Ltd. and another v. Sanjay Shri Shrimal) are taken-up as lead case: -

        4. The respondent / complainant filed a complaint against the petitioners for offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (for short, ''the NI Act'') supported by affidavit stating inter alia that the petitioners issued a cheque amounting to ? 1,07,99,719/- to the respondent/ complainant towards their outstanding liability which the respondent/ complainant has received from the petitioners for providing Taj Villa at Labhandi, Raipur. When the cheque was presented, it has become dishonoured and thereafter the complainant sent legal notice demanding payment of money which was not responded leading to filing of complaint in which the learned

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