JUDGMENT

Pankaj Jain, J. (Oral) - By this common order, I intend to dispose off two petitions filed seeking quashing of complaint No.450 of 2021 dated 14.09.2021 (Annexure P-2) titled 'Bhuvnesh Mahajan Vs. Sushant Kohli & ors.' under Section 138 of the Negotiable Instruments Act, 1881 (for short 'NIA') read with Sections 420, 406, 409, 120-B, 34 & 201 IPC and summoning order dated 17.10.2022 (Annexure P-1).

2. Respondent filed aforesaid complaint against the petitioners in the present two petitions and one Sushant Kohli, wherein he claimed that :-

3) That, in month of June 2019, Complainant gave an amount of RS. 250000/- as per demand of Accused for making a fixed FDR in some repudiated bank, as Accused was in dire need of same because Accused told to Complainant that job of Accused is in danger and Accused directed by his senior Officers to get a big amount of cash for making a fixed FDR under agency code of Accused, otherwise Accused shall be fired from his some private job. It is further submitted that the Accused No. 2 alongwith Accused No. 3 visited the premises of Complainant and received the cash amount of Rs. 250000/- for registering the policy (Insurance Policy) in the presence of Accused No. 1. The Accused No. 1 and 2 counted the cash amount and Accused No. 2 and 3 and keep the said cash amount into their possession and also told that into a simultaneous voice, that the policy will be in the hands of complainant into a week of into 15 days maximum and Accused No. 1 convinced complainant in his begging conditions, to register an FDR in the name of Complainant and Accused promised that a registered fixed FDR will be reached by post into house of complainant in the shape of valid and genuine document, within a week or in 15 days. After that the above said Accused No. 1 made pretext by saying that the Accused No. 2 and 3 were not in his contact now for some period and the policy will be registered in some few days. It is also pertinent to mention here that all of the Accused persons have got signatures on some documents with regard to their policy, and they told that they will fill those documents per their requirements for their policy registration, after that they left the premises and those documents are still into the custody of Accused persons respectively. But after the lapse of 2 % months complainant asked to accused No.1, for the registration of said FDR, but made several pretexts for the same, and demanded some more time for registration of FDR and after lapse of one month complainant visited to premises of Accused No. 1 and again requested Accused No. 1 to get the registered FDR or to return the said amount of RS. 250000/-, but all in vain and after that Accused No. 1 promised it to be returned within two months as Accused were not able to repay the cash amount and after the lapse of two months when the complainant asked Accused No.1 for the return of above said amount for several times and but the Accused No. 1 made one pretext after another to complainant and Accused No. 1 kept the complainant at an arms' length and even Accused No. 1 always tried to get rid of Complainant regarding the non-payment of above said amount. But ultimately Accused No.1 visited to complainant with the help and intervention of the some common friend of complainant, in the third week of month of May 2021 and Accused issued a cheque no. 977714 to the complainant from his account no. 157508350401 of Rs. 250000/- (Rs. TWO Lakh fifty thousand only) dated 04-06-2021, payable at INDUSLND Bank, Branch GT road, Gurdaspur at the premises of complainant at Distt. Courts Gurdaspur Tehsil & Distt. Gurdaspur, to discharge his legal liabilities against complainant with regard to the payment of total amount of i.e. RS. 250000/-. The cheque was signed by Accused No.1 and Complainant accepted the same in good faith at the premises of complainant at Distt. Courts Gurdaspur Tehsil & Distt. Gurdaspur. In fact the cash amount has been misappropriated by the