In the above captioned six petitions, quashing of criminal complaint under Section 138 of Negotiable Instruments Act, 1881 (hereinafter referred to as ‘NI Act’) and the common order of 2nd June, 2010 (vide which petitioners have been summoned as accused), is sought on merits by M/s Rachana Global Excavation Limited and its Chairman, Managing Director and a Director.

In the above captioned four petitions, petitioner – Nalin, Chairman of M/s Rachana Global Excavation Limited (hereinafter referred to as M/s Rachana Global) and petitioner – Ashesh, Director of M/s Rachana Global seek to challenge summoning order of 2nd June, 2010 on the ground that there are no averments to make them vicariously liable. Whereas, in the above captioned remaining two petitions i.e. Crl. M.C. No. 4395/2010 and Crl. M.C. 4396/2010, petitioner – M/s Rachana Global and its Managing Director are seeking quashing of two criminal complaints under Section 138 of NI Act wherein the total cheque amount is Rs. 27,84,52,604/- and Rs. 5,00,00,000/- respectively and quashing of these two complaints is sought on the ground that the aforesaid two post dated cheques were not issued in discharge of any debt or