- (1.)THIS order will dispose of a bunch of five quashing petitions bearing Nos. 34728m, 37559m, 37562m, 37565m and 37568m of 2000 filed by'the petitioners which arise out of five different complaints filed by the respondent No. 2 in case of different cheques issued by petitioner No. l firm to the respondent no. 2 complainant. The facts are being noticed from Criminal-Misc. No, 37562m of 2000.
(2.)THE prayer in the petition is for quashing of complaint filed by respondent No. 2 complainant under Section 138 of the negotiable Instruments Act, 1881 (hereinafter referred to as 'the Act') on account of non-clearance of the cheque issued by petitioner No. 1 Firm.
(3.)BRIEFLY, the facts as stated in the complaint are that a cheque bearing No. 5800242 dated April 17,1999 drawn on Dena Bank, rampura, Surat for an amount of rs. 1,32,481 was issued by the petitioner no. l to the complainant. The cheque was presented by the complainant through its banker to the Bank of the petitioner and the same was returned unpaid vide memo dated April 20,1999 with the objection 'exceeds arrangement'. No notice for dishounour of the cheque was issued by respondent No. 2 complainant. However, the cheque was presented again by complainant and the same was returned uncleared vide memo dated september 17,1999 with the objection 'sign jointly'. On account of non-clearance of the cheque, the respondent No. 2-complainant got notice issued to the petitioners under section 138 of the Act on October 1, 1999. The notice issued by respondent No. 2 complainant remained unreplied. A complaint was filed in the Court of Judicial magistrate First Class on November 18, 1999 within the period of limitation. After preliminary evidence, the petitioners were summoned to face trial vide order dated May 25, 2000. It is at this stage that the petitioners approached this Court for quashing of the complaint filed by respondent No. 2 complainant and also the summoning order dated May 25, 2000.