The court emphasized that the complainant's specific averments in the complaint fulfilled the requirements of Section 141, and the petitioners failed to provide unimpeachable material to show their non-involvement.

JUDGMENT

Swarana Kanta Sharma, J.

1. This judgment shall govern the disposal of CRL.M.C. 557/2020, 558/2020 and 737/2020, along with pending applications, arising out of similar set of facts, contentions and prayers.

2. By way of above-captioned petitions filed under Section 482 of the Code of Criminal Procedure, 1973, the following reliefs have been sought:

i. In CRL.M.C. 557/2020, the petitioners seek quashing of summoning order dated 06.07.2018 passed by learned Metropolitan Magistrate-03, Patiala House Courts, New Delhi and proceedings pursuant thereto in Complaint Case No. 7100/2018 titled as "M/s. Indo Rama Synthetics Ltd. vs. M/s. GPI Textiles Ltd. & Ors."

ii. In CRL.M.C. 558/2020, the petitioners seek quashing of summoning order dated 06.07.2018 passed by learned Metropolitan Magistrate-03, Patiala House Courts, New Delhi and proceedings pursuant thereto in Complaint Case No. 7099/2018 titled as "M/s. Indo Rama Synthetics Ltd. vs. M/s. GPI Textiles Ltd. & Ors."

iii. In CRL.M.C. 737/2020, the petitioners seek quashing of summoning order dated 06.07.2018 passed by learned Metropolitan Magistrate-03, Patiala House Courts, New Delhi and proceedings pursuant thereto in Complaint Case No. 7101/2018 titled as `M/s. Indo Rama Synthetics Ltd. vs. M/s. GPI Textiles Ltd. & Ors."

3. The petitioner nos. 1, 2, 3 and 4 before this Court in all three petitions have been arraigned as accused no. 5, 8, 9 and 10 in the three complaint cases filed by the respondent/complainant `M/s. Indo Rama Synthetics Ltd.' under Section 138 of Negotiable Instruments Act, 1881 (hereinafter `NI Act').

4. A perusal of the complaints filed under Section 138 of NI Act reveals that the accused company had approached the complainant, who was engaged in the business of manufacturing, marketing and supply of Polyester Staple Fibre, Partially Oriented Yarn, etc., for purchase of polyester staple fibre, and both the companies had entered into several transactions with each other. It was alleged that the complainant had supplied goods to the accused company as per its requirements from time to time at the desired destination and the same was recorded in the books of accounts kept and maintained in regular course of business.

However, it was alleged that the accused had failed to pay the outstanding amount on or before the due dates. The case of complainant was that as per books of accounts regularly maintained by it, a total sum of Rs.3,79,45,617/-, including amount of interest, was due from the accused. It was stated that towards payment of outstanding dues and in partial discharge of its legal liability, the accused had issued cheques bearing number 528901, 528902, 528903, 528904, 528905, 528906, and 528907, all dated 21.09.2017, for an amount of Rs.50,00,000/- each, drawn on State Bank of India, Chandigarh-160017, in favour of the complainant company. Thereafter, these cheques were presented for encashment by the complainant with its bank account maintained with ICICI Bank, Connaught Place, New Delhi for encashment, however, the same had returned unpaid with the cheque return memo dated 01.12.2017 with the remarks `Account Closed'. The statutory legal notice dated 15.12.2017 was sent on behalf of complainant to the accused persons, calling upon them to make the payment of the dishonoured cheque amount within 15 days from the date of receipt of notice. As per complainant, the legal notice sent through registered post to accused no. 1, 5, 9 and 10 were served at the address, but the legal notice sent to other accused were received back from postal authorities. It is the case of complainant that since the accused company had issued the cheques in question with consent, knowledge and connivance of all the accused persons towards discharge of legal liability and the same had been dishonoured upon being presented for encashment, the accused persons were liable to face action under Section 138/141 of NI Act. Upon failure to receive any payment, the complainant had file