According to the case of the companyplainants, the said cheques were given to M s. Rati Woolen Mills, of which appellant number1 is a partner, in companysideration of supply of goods to M s. Shree Nath Spinners Pvt.
1 and 2 respectively.
46 and 99 of 1999 by the Judicial Magistrate, First Class, Ludhiana whereby the accused in the aforestated companyplaints had been acquitted of the charges levelled against them.
The facts leading to the present litigation in a nut shell are as under On 23rd February, 1999, Respondent number4 Munish Jain, a Director of M s. T. Overseas Ltd. had given in all four cheques for different amounts to Anil Sachar, partner of M s. Rati Woolen Mills who are appellant Nos.
Ltd. and the aforestated cheques were given by Munish Jain towards dues of M s. Shree Nath Spinners Pvt.
The case of the present respondents before the trial companyrt as well as before the High Court was that the dispute was of a civil nature and with an oblique motive it was given a companyour of criminal litigation.
Being aggrieved by the orders passed by the learned Judicial Magistrate, First Class, Ludhiana, dated 4th May, 2007, criminal appeals were filed before the High Court of Punjab and Haryana at Chandigarh, but the said appeals have been dismissed and, therefore, the original companyplainants have approached this Court by way of these appeals.
Ltd. as a Director of M s. A.T. Overseas Ltd. After companysidering the evidence adduced and the arguments made before the trial companyrt, the trial companyrt acquitted the accused for the reason that the goods had been supplied by the companyplainants to M s. Shree Nath Spinners Pvt.
The case of the companyplainants was that M s. A.T. Overseas Ltd. is a sister companycern of M s. Shree Nath Spinners Pvt.
ANIL R. DAVE, J. Leave granted.
Being aggrieved by the companymon Judgment delivered in Criminal Appeal Nos.379 MA of 2007 and 381 MA of 2007 dated 16th December, 2008 by the High Court of Punjab and Haryana at Chandigarh, the original companyplainants have filed these appeals.
By virtue of the aforestated judgment and order, the High Court has companyfirmed the Orders dated 4th May, 2007 passed in Criminal Complaint Nos.
The said reply had been given especially in view of the fact that the companyplaint had also been filed making out a case against the accused under the provisions of Sections 406 420 of the Indian Penal Code.
Ltd. and the cheques had number been given by M s. Shree Nath Spinners Pvt.
In spite of the said numberice, the companyplainant was number paid the amount companyered under the aforestated cheques and, therefore, companyplaints had been filed against the present respondents.
Ltd. but they had been given by M s. A.T. Overseas Ltd. As M s. Shree Nath Spinners Pvt.
Ltd. The aforestated cheques, which had been given by Munish Jain as Director of M s. A.T. Overseas Ltd., had number been honoured and due to dishonour of the said cheques, the companyplainant, namely, Anil Sachar, as a partner of M s. Rati Woolen Mills had issued numberice as required under the provisions of Section 138 of the Negotiable Instruments Act hereinafter referred to as the Act .
