Order on Board

04.02.2025

1. Heard Mr. Gary Mukhopadhyay, learned counsel, appearing for petitioners as well as Mr. Jaydeep Singh Yadav, learned counsel appearing for respondent.

2. The present petition has been filed by the petitioners under Section

482 Cr.P.C. for quashing the impugned order dated 05.07.2017 in the Complaint Case No. 5020/2017 passed by learned JMFC, Durg, (C.G.) whereby the learned JMFC registered Complaint Case under Section 138 of the Negotiable Instrument Act against the petitioners and issued arrest warrant to the them vide orders dated

28.05.2018 and 10.08.2018 respectively.

3. Facts of the case are in brief, that the respondent filed a complaint U/s 138 of the Negotiable Instrument Act, alleging that Oriental Nicco Projects Pvt. Ltd has issued four cheques concerning A/c No. 400030110000082, Bank of India, Kolkata Branch, Kolkata, West Bengal bearing Cheque No. 067380 for Rs. 7,71,994/-, Cheque No. 067381 for Rs. 3,81,254/- dated 28.12.2016 & Cheque No. 067382 for Rs. 2,36,672/- and Cheque No. 067383 for Rs. 8,71,922/- dated 31.12.2016. The Respondent has further submitted that, these cheques were issued to discharge monetary liability to Pratibha Flowcon Engineering Pvt Ltd. Further case of the respondent in his complaint case that, Cheque No. 067380 and Cheque No. 067381 dated 28.12.2016 were presented for encasement in their bank on

27/03/2017 which were returned dishonoured with an intimation "Payment Stopped by Drawer". Similarly Cheque No. 067382 and Cheque No. 067383 dated 31.12.2016 were presented for encasement in their bank on 29/03/2017 which were returned dishonoured with an intimation "Payment Stopped by Drawer". It is alleged in the complaint that the complainant issued legal notice through his advocate on 24/04/2017 for payment of the amount mentioned in the cheque. It was further alleged in the complaint that despite dispatch of the notice the same were returned as "Unclaimed" and "InsufÏcient Address". The complainant has claimed that inspite of service the petitioner herein has not discharged their liability and thus he filed Complaint Case u/s 138 before the JMFC, Durg. Considering the allegations made in complaint and the statement of complainant the learned Court of JMFC, Durg registered the offence under section 138 of Negotiable Instrument Act and notices were issued to the petitioners vide order dated 05/07/2017.

4. It is most humbly and respectfully submitted at this stage that the entire exercise made by the respondent/complainant is an abuse of process of law where on false, fabricated and distorted facts the complaint has been filed and statement on oath before the learned lower court was made for which even the respondent is liable for criminal prosecution. It is respectfully submitted that the petitioners are Directors/ OfÏcers of M/s Oriental Nicco Projects Pvt Ltd engaged in business of Engineering, Procurement & Construction (EPC) and is a Company incorporated under the Companies Act, 1956 having its registered ofÏce at Oriental House, SVK Road, Law Garden, Ellisbridge, Ahmedbad - 380 006, Gujarat and its at IT head Lagoon, 12th Floor, 1203-4, Plot - E 2-2/1, Block - EP & GP, Sector V. Kolkata - 700 091. Petitioner No. 1 is the 'Executive Director' of M/s Oriental Nicco Projects Pvt Ltd who is based at its registered ofÏce at Ahmedabad, Gujarat and not associated with it day to day affairs of its business at Kolkata. As per the terms of agreement the Respondent No. 1/ Complainant was supposed to supply those materials for setting up 3.0 MTPA Integrated Steel Plant at Nagarnar, Chhattisgarh. The Oriental Nicco Projects Pvt Ltd/Petitioners had issued four post dated cheques as a consideration for supply of Technological Structures to be made by the Respondent No. 1/Complainant. It is submitted that, Respondent No. 1/ Complainant raised bills time to time. It is further submitted that in discharge of the monetary liability, Oriental Nicco Projects Pvt Ltd had already transferre