IMPORTANT POINT
The power under Section 482 of Cr.P.C. can be exercised to prevent the abuse of process or secure the ends of justice. The Court can quash the F.I.R. if the allegations do not constitute an offence or make out a case against the accused.

JUDGMENT :

Rakesh Kainthla, J.

The petitioner has filed the present petition for quashing the complaint titled M/S PDC Healthcare versus M/S Saintlife Medicine Pvt. Ltd. & another bearing complaint No. NIA/49/2018, pending before the learned Judicial Magistrate First Class (JMFC), Paonta Sahib, District Sirmour, HP and all consequent proceedings arising there from and summoning order dated 03.02.2018.

2. Briefly stated, the respondent No.2 (complainant before the learned Trial Court) filed a complaint against the petitioner (accused No. 2 before the learned Trial Court) for the commission of an offence punishable under Section 138 of the Negotiable Instruments Act. (Parties shall hereinafter be referred to in the same manner as they were arrayed before the learned Trial Court for convenience). It was asserted that the complainant firm manufactures pharma products. Anil Kumar is the Managing Partner and he is looking after the affairs of the firm. Accused No.1 is a Private Limited Company and accused No.2, is the Managing Director /authorized signatory of the Company. He is looking after the affairs and managing the daily affairs of the Company. The accused were regular customers of the complainant and they used to purchase medicines from the complainant on credit. A sum of Rs.1,06,03,924/- (One Crore Six Lakhs Three Thousand Nine Hundred Twenty-Four) was due against the accused on 09.09.2017. purchased the medicines worth Rs.8,72,589/-(Rupees Eight Lakhs Seventy Two Thousand Five Hundred Eight Nine) through bill bearing No. 00195. The accused No.2 issued a post-dated cheque for a sum of Rs.8,72,589/-for discharging his liability. The accused No.2 also issued for another cheque sum of Rs.5,90,000/- to discharge the legal liability. The accused stopped business with the complainant. An amount of Rs. 1,13,46, 371/-(Rupees One Crore, Thirteen Lakhs, Forty Six Thousand and Three Hundred Seventy One) was due against the accused upto October, 2017. The complainant deposited the cheques before his bank from where they were sent to the bank of accused No.1; however, the bank of accused No.1 dishonoured the cheque with an endorsement “Payment Stopped by the Drawer”. The complainant told the accused No.2 about the dishonour of the cheque who told the complainant to present the cheques again and assured that they would be honoured on their presentation. The complainant again submitted the cheques to his bank from where they were sent to the bank of the accused. The cheques were again dishonoured with the endorsement “Payment Stopped by the Drawer”. The complainant served a legal notice upon the accused asking them to make the payment. The notice was duly served upon the accused but they failed to pay the amount. Hence, the complaint was filed against the accused for taking action as per the law.

3. The learned Trial Court found sufficient reasons to summon the accused vide order dated 03.02.2018. The accused being aggrieved from the summoning order has approached this Court for quashing the order and the complaint pending before the learned Trial Court. It was asserted that the goods supplied by the complainant were of inferior quality. A large quantity of medicines failed the test and these were returned to the complainant. GST of Rs. 13,35,254.81 was reversed and a debit note was issued to the complainant which was acknowledged by him. The accused expressed serious concern to the complainant about the poor quality of life-saving medicines. A meeting was called and all invoices with the complainant were settled by accused No.2. An amount of Rs. 13,35,254.81/- (Rupees Thirteen Lakhs, Thirty-Five Thousand Two Hundred Fifty-Four and eighty-one paise) was found due after settlement of the amount. It was agreed that the complainant would issue a No Objection Certificate on the payment of the amount. The accused paid a sum of Rs. 15,00,000/- (Rupees Fifteen Lakhs), which was duly acknowledged by the complainant. The accused resigned from the post