JUDGMENT

Sandeep Moudgil, J.

CRM-32559-2022

This application has been filed by the applicant/petitioners seeking revival/restoration of the main petition which was dismissed for non-prosecution by this Court vide order dated 18.08.2022 on the ground that the applicant/petitioners have not complied with the order dated 05.03.2020 vide which, this Court directed the applicant/petitioners to file an affidavit disclosing as to how many complaints under section 138 of Negotiable Instruments Act, or cheating and fraud etc. have been filed against them in the entire country.

It is submitted that the affidavit was ready and affirmed on 10.07.2020 but due to lockdown and pandemic situation, and also that the counsel for the applicant/petitioners had suffered an heart attack, as such, the order dated 05.03.2020 could not be complied with. Learned counsel submits that he has filed another application for placing on record the affidavit in compliance of the order dated 05.03.2020.

For the reasons mentioned in the application, the same is allowed and the order dated 18.08.2022 is hereby recalled and the petition is ordered to be restored to its original number and file.

CRM stands disposed of.

CRM-30100-2022

For the reasons mentioned in the application, the same is allowed and the affidavit, in compliance to the order dated 05.03.2020, filed by the applicant/petitioners is taken on record subject to just exceptions.

CRM stands disposed of.

CRM-M-20254-2018 (O&M)

This petition under Section 482 CrPC has been filed by the petitioners seeking quashing of the order dated 06.02.2018 (Annexure P6) whereby non-bailable warrants have been issued against the petitioners. He also seeks quashing of the orders dated 14.03.2018 and 18.04.2018 (Annexures P8 & P9), vide which his applications for exemption and for clubbing of 7 cases, as detailed in the headnote of the petition, have been dismissed.

2. Petitioner No.1 is a private limited company whereas petitioner No.2 is its Director having registered office at Mumbai. The petitioners are dealing in purchase and exports of various types of perishable and non-perishable vegetables and other goods, from various State including the State of Punjab. The respondent is a trader dealing in vegetable goods. He contacted the petitioners and orally promised to supply vegetables with the condition that they shall deposit the token amount and also security cheques with respondent as advance for supply of goods. It is alleged that the petitioners had deposited the cash amount in the accounts of respondent through RTGS transactions and also gave 20-25 security cheques to the respondent. In spite thereof, the respondent is said to have not delivered the goods. Ultimately, the petitioners requested back its security cheques as also the amount but the respondent did not do so.

3. Thereafter, the respondent got issued notice under section 138 of the Negotiable Instruments Act (Annexure P1) to grab amount from the petitioners to which the petitioners gave reply also on 29.05.2017 (Annexure P2). The respondent, thereafter, filed some 8 cases against the petitioners, at the same time and same court i.e. NACT No.3524/17, NACT No.3526/17, NACT No.3528/17, NACT No.3675/17, NACT No.3686/17, NACT No.3691/17, NACT No.4968/17, NACT No.4969/17.

4. The petitioners approached the trial court and made an application for reducing the bail, with cash bail and clubbing of all the cases. It was also prayed in the application that the petitioners be exem