Abhay Shreeniwas Oka JUDGMENT
Ajay Rastogi, J.
1. Leave granted.
2. The present appeals are directed against the common judgment and order dated 18th July, 2014 filed at the instance of the Appellants Under Section 482 of Code of Criminal Procedure, 1973(herein after being referred to as "CrPC") against the order dated 10th November, 2012 pursuant to which they were summoned to answer to a charge of Section 138 of Negotiable Instruments Act, 1881(hereinafter being referred to as the "NI Act") that came to be dismissed by the High Court under the order impugned.
3. The seminal facts in brief necessary for the present purpose are stated as under.
4. The Appellant Nos. 1 and 2 in Criminal Appeal @ SLP(Criminal) No. 7573 of 2014 and Appellant Nos. 2, 3 and 4 in Criminal Appeal @ SLP(Criminal) No. 9520 of 2014 are the Directors of the Appellant No. 1(Ameya Paper Mills Pvt. Ltd.) in Criminal Appeal @ SLP(Criminal) No. 9520 of 2014, the Private Limited Company established under the provisions of the Companies Act, 1956. It is the case of Respondent No. 1-complainant that it is a Private Limited Company dealing in the business of production and selling spices under the name and style of M/s. Gharkul Industries Private Ltd. and the Appellants being well acquainted with Respondent No. 1-complainant and being in need of financial assistance for their business approached Respondent No. 1-complainant with a request to provide them financial assistance. Respondent No. 1-complainant considering the relations and need of the Appellants provided financial assistance and on negotiations, Memorandum of Understanding was executed which was signed by Appellant No. 2-Dilip Shrikrishna Andhare(Appellant No. 2 in Criminal Appeal @ SLP(Criminal) No. 9520 of 2014) with consent of all the Appellants in the presence of two attesting witnesses.
5. It is also the case of Respondent No. 1-complainant that all the Appellants had agreed that the amount so received from Respondent No. 1 would be returned within a specified time as agreed in the Memorandum of Understanding and accordingly payments were made by Respondent No. 1-complainant as and when demanded by various cheques details which were furnished in the complaint. Accordingly, a total amount of Rs. 1,50,19,831/- was received by the Appellants through cheque during the period 23rd November, 2007 to 12th March, 2009, the details of which are as under:
6. It is the further case of the Respondent No. 1 that on 18th August 2010, a letter was issued to the Appellants demanding balance-sheet of the Company, which was supplied and accordingly accounts were confirmed by the Appellants and on 21st June 2012, the Appellants issued a letter admitting the outstanding balance of Respondent No. 1-complainant as on 31st March, 2012 to the extent of Rs. 1,49,94,831/-. According to Respondent No. 1, the Appellants as Directors of their Company are responsible for conduct of their business and for the affairs of the Company.
7. Appellant No. 1-Company in Criminal Appeal @ SLP(Criminal) No. 9520 of 2014 issued a cheq........