The court determined that a legally enforceable debt existed at the time of the cheque's issuance, validating the complaints under Section 138 of the Negotiable Instruments Act.

JUDGMENT :

SANJAY KUMAR PACHORI, J.

1. As in both the cases, common questions of fact and law arises between the same parties with regard to same subject matter, therefore, above noted cases are being decided by a common judgment.

Brief facts of Application U/S 482 No. 4834 of 2022

2. The Application under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred as “Cr.P.C.”) has been filed to quash the entire proceedings of Complaint Case No. 114 of 2020 ( Gaurav Sharma Vs. Ankit Agarwal ) under Section 138 of Negotiable Instruments Act, (hereinafter referred as “N.I. Act”), Police Station-Tajganj, District Agra, as well as cognizance/summoning order dated 22.02.2021 pending in the court of Additional Chief Judicial Magistrate, Agra.

2(i) Complaint Case No. 114 of 2020 has been filed alleging that the applicant and opposite party no. 2 had been running a partnership business by the name of Bankey Bihari Vidhya Mandir and the opposite party no. 2 decided to end the partnership and withdraw his share, in pursuance thereof, it was decided that a sum of Rs. 38,95,193/- would be paid by the applicant. It is further alleged that a cheque bearing no. 105359 dated 25.9.2020 had been issued by the applicant in favour of the opposite party no. 2 and when the same was placed before the Bank on 05.10.2020, the same was dishonoured on 5.10.2020 due to insufficient funds as well as stop payment by applicant.

2(ii). The opposite party no. 2 informed the applicant regarding the said dishonour of cheque and thereafter one legal notice dated 14.10.2020 had been sent to the applicant by his counsel through registered post and was duly served to the applicant on 17.10.2020, since then no payment was made. Hence, impugned complaint dated 17.11.2020 has been filed against the applicant.

Brief facts of Application U/S 482 No. 6746 of 2022

3. The Application under Section 482 of Cr.P.C. has been filed to quash the entire proceedings of Complaint Case No. 113 of 2020 (Ashish Agarwal Vs. Gaurav Sharma) under Section 138 of N.I. Act, Police Station-Tajganj, District Agra, as well as cognizance/summoning order dated 22.02.2021 pending in the court of Additional Chief Judicial Magistrate, Agra.

3(i). Complaint Case No. 113 of 2020 has been filed alleging that the applicant and opposite party no. 2 had been running a partnership business by the name of Bankey Bihari Vidhya Mandir and the opposite party no. 2 decided to end the partnership and withdraw his share, in pursua nce thereof, it was decided that a sum of Rs. 58,00,000/- would be paid by the applicant. It is further alleged that a cheque bearing no. 105358 dated 25.9.2020 of Rs. 58,00,000/- had been issued by the applicant in favour of the opposite party no. 2 and when the same was placed before the Bank on 30.09.2020, it was dishonoured on 30.9.2020 due to insufficient funds as well as stop payment by applicant.

3(ii). The opposite party no. 2 informed the applicant regarding the said dishonour of cheque and thereafter one legal notice dated 14.10.2020 has been sent to the applicant by his counsel through registered post, which has been duly served to the applicant on 17.10.2020, since then no payment was made. Hence, impugned complaint dated 17.11.2020 has been filed against the applicant.

Arguments on behalf of the applicant

4. Learned senior counsel for the applicant submits that the impugned complaints have been filed on the basis of f