IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

1. CRM M- 6696 of 2022 Date of Decision:-13.01.2025 Gaurav Gupta ... Petitioner Versus Sumita Jain … Respondent

2. CRM M-17311 of 2021 Gaurav Gupta ...Petitioner Versus Sumita Jain ... Respondent

3. CRM M-39878 of 2021 Gaurav Gupta ...Petitioner Versus Sumita Jain ... Respondent

4 CRM M-39975 of 2021 Gaurav Gupta ...Petitioner Versus Sumita Jain ... Respondent

5. CRM M-50868 of 2021 Gaurav Gupta ...Petitioner Versus Sumita Jain ... Respondent

6. CRM M-40044 of 2021 Gaurav Gupta ...Petitioner Versus Sumita Jain ... Respondent

7. CRM M-40086 of 2021 Gaurav Gupta ...Petitioner Versus Sumita Jain ... Respondent

8. CRM M-50866 of 2021 Gaurav Gupta ...Petitioner Versus Sumita Jain ... Respondent

9. CRM M-6706 of 2022 Gaurav Gupta ... Petitioner Versus Sumita Jain … Respondent

10. CRM M-6725 of 2022 Gaurav Gupta ... Petitioner Versus Sumita Jain … Respondent

11. CRM M- 21122 of 2023 Gaurav Gupta ... Petitioner Versus M/s Mahabir Parsad Lakmi Chand … Respondent CORAM : HON'BLE MR. JUSTICE N.S.SHEKHAWAT Present : Mr. Ranjit Singh Kalra, Advocate for the petitioner (s) in CRM M-39878-2021, CRM-M-39975-2021, CRM-M-40044-2021, CRM-M-40086-2021 and CRM M-17311-2021.

Mr. Abhinav Aggarwal, Advocate for the petitioner (s) in CRM M-50866-2021, CRM M-21122-2023, CRM M-50868-2021, CRM M-6696-2022, CRM M-6725-2022 and CRM M-6706-2022.

Mr. Ketan Antil, Advocate, for the respondent.

N.S.SHEKHAWAT , J. (Oral)

1. This order shall dispose off above mentioned 11 petitions, i.e., CRM M-17311-2021, CRM M-39878 of 2021, CRM M-39975 of 2021, CRM M-50868 of 2021, CRM M-40044 of 2021, CRM M-40086 of 2021, CRM M-50866 of 2021, CRM M-6706-2022, CRM M-6725-2022 and CRM M-6696-2022 titled as “Gaurav Gupta Vs. Sumita Jain”, and CRM M-21122-2023 titled as “Gaurav Gupta Vs. M/s Mahabir Parsad Lakmi Chand”, whereby, the petitioners have prayed for quashing of the complaints filed under Section 138 of the Negotiable Instruments Act 1881 as well as summoning orders passed by the Court of Sub Divisional Judicial Magistrate, Ganaur, Sonepat and all subsequent proceedings arising therefrom. Since, the litigation in all the complaints is between the same parties and common questions of law and facts are involved in all the petitions; consequently, all the petitions are taken up together and are being disposed off simultaneously by way of common judgment. For the facility of reference, the facts have been culled out from the petition, i.e., CRM M-6696 of 2022 titled as “Gaurav Gupta Vs. Sumita Jain”.

2. A complaint under Section 138 read with Section 142 of the Negotiable Instruments Act 1881 (hereinafter to be referred as 'the Act') and read with Section 420 IPC was filed by the respondent/complainant against the petitioner/accused, his father late Shri Surinder Kumar Gupta and their firm M/s SSG Foods, Gharaunda, District Karnal. The respondent/complainant alleged that she was a commission agent at Ganaur and was running her firm by the name of M/s Mahabir Parsad Lakmi Chand. The accused M/s SSG Foods is a Rice Mill and the petitioner/accused had placed an order for supply of paddy/rice from time to time. From 01.10.2018 to 31.03.2019, M/s SSG Foods, i.e., the accused/firm purchased a paddy of worth Rs.3,65,75,940.80/-, on which M/s SSG Foods made a payment of Rs.3,32,00,000/- and the remaining amount of Rs.33,75,940.80/- was carried forward to the next financial year. Again in the financial year 01.04.2019 to 31.03.2020, the accused paid Rs.6,81,24,000/- out of total amount of Rs.11,02,32,431.80/- leaving the total outstanding amount of Rs.4,21,08,431.80/-. The accused also borrowed a sum of Rs.1,34.26 lacs from the complainant as the accused were in dire need of money as their business was about to shut down due to scarcity of money. In order to discharge their liability, accused issued cheques bearing No. 077936 dated

28.02.2020 of Rs. 25 lacs and cheque bearing No. 082844 dated 30.03.2020 for a sum of Rs. 25 lacs, both drawn on