JUDGMENT :

Harpreet Singh Brar, J. (Oral)

CRM-20157-2025 in CRM-M-24996-2025

1. Prayer in this application filed under Section 528 of BNSS, 2023 is for preponing the date fixed in the main petition.

Heard.

For the reasons stated in the application, the same is allowed and the main case, which is fixed for 02.06.2025, is taken up today for hearing.

CRM-M Nos.24996, 26457, 26616, 26643 and 26655 of 2025

1. Vide this common order, I intend to dispose of CRM-M Nos.24996, 26457, 26616, 26643 and 26655 of 2025, as common questions of law and facts are involved for adjudication. For the sake of convenience, facts are taken from CRM-M-24996-2025.

2. Tabulated Summary of all the petitions preferred under Section 528 of BNSS, 2023, seeking quashing of criminal complaints and subsequent orders, are as follows:-

2.1 The brief facts of the case are that the aforementioned complaint(s) were filed by the respondent/complainant against the petitioners on the ground of dishonouring of cheque bearing No.009621 dated 31.12.2022, amounting to Rs.1,50,00,000/-; cheque bearing No.009620 dated 30.11.2022, amounting to Rs.1,50,00,000/-; cheque bearing No.009622 dated 31.01.2023, amounting to Rs.22,50,000/-; cheque bearing No.009615 dated 30.09.2022, amounting to Rs.22,50,000/- and cheque bearing No.009619 dated 31.10.2022, amounting to Rs.22,50,000/-, issued in favour of the complainant/respondent by the petitioners in discharge of their liability. Thereafter, the petitioners were summoned by the learned trial Court and subsequently, the petitioners preferred revision petition(s) against the said summoning order(s) before the learned Additional Sessions Judge, Gurugram, as detailed in the table summary above.

3. Learned counsel for the petitioners, inter alia, contends that the petitioners are not living in the jurisdiction of the learned trial Court as such the mandatory provisions contained in Section 202 Cr.P.C., were required to be followed. He further submits that all the complaint(s) under Section 138 read with Section 142 of the NI Act was filed against the petitioners on the ground of dishonouring of cheques issued in favour of the complainant/respondent by the petitioner in discharge of their liability and the petitioners were subsequently summoned by the learned trial Court.

4. Learned counsel for the petitioners submits that the impugned criminal proceedings initiated by the respondent are an abuse of the process of law, as they are based on unjustified claims and procedural irregularities.

5. Learned counsel for the petitioners further submits that the dishonor of the cheques do not constitute a valid basis for the complaint(s) filed under Section 138 read with Section 142 of the NI Act. Additionally, he submits that the learned trial Court issued summons without properly investigating the discrepancies, leading to a wrongful initiation of legal proceedings.

6. Having heard learned counsel for the petitioners and after perusing the record of the case with his able assistance, present petition is being decided in limine without issuing notice to the respondent in order to save judicial time of the Court and also the litigation costs of the respondent.

7. From the perusal of the reco