1. Heard Sri Surendra Kumar Chaubey, learned counsel for the applicants, Sri Ram Bahadur, learned counsel for the opposite party no.2 and Sri Raj Kumar Gupta, learned A.G.A. for the State.
2. This application under Section 482 Cr.P.C. has been filed seeking quashing of the summoning order dated 03.05.2016 passed in Case No. 759 of 2016 under Section 138 Negotiable Instruments Act, 1881 (in short, ‘the N.I. Act’), Police Station- Nagina, District- Bijnor, pending in the Additional Court, Bijnor.
3. The brief facts of the instant case are that the opposite party no.2 was the co-owner of the plot, Municipality Assessment No. P-5804 (1-2)/26-8, Survey No. 143 and C.T.S No. 605, which was situated at Malad, Mumbai. The other co-owners of the said plot were Smt. Emaman Begam, Smt. Jaibunisha, Smt. Khairunisha, Smt. Raziya. The applicants no. 2 to 6 herein were the managing partners of applicant no.1/Firm, which used to develop the plots. Therefore, the aforesaid applicants got executed a Conveyance Deed dated 24.03.2014, which was registered with the Sub-Registrar, Borivali, Mumbai, whereby the opposite party no.2 alongwith the co-owners of the said plot agreed to execute a registered sale deed for a sum of Rs. 4,00,00,000/- for part of the said plot. The opposite party no.2 alongwith the co-owners of the said plot agreed to execute a registered sale deed of a portion of the said plot, out of which Rs. 1,27,26,672/- came in the share of the opposite party no. 2. In connection with the same, the applicant no. 2 paid a sum of Rs. 31,81,668/- to the opposite party no. 2 through cheques, which were encashed. It was also agreed between the parties that in addition to the aforesaid amount of Rs. 1,27,26,672/-, the opposite party no. 2 would also be entitled for an area of 600 sq. ft. on the first floor of the building which were to be constructed on the said plot. For payment of the remaining amount of Rs. 95,45,004/-, the applicant no. 2 had issued a Cheque No. 271763 dated 20.12.2015 from the account of the applicant no. 1- Firm, in favour of the opposite party no. 2, which was produced by the opposite party no. 2 for encashment in his account in HDFC Bank, Branch- Mandi, Mallganj, Nagina, District- Bijnor but the same was dishonored for insufficient funds. The information of dishonor of the said cheque was given by the opposite party no. 2 on 22.02.2016 and when upon such information the applicants herein avoided the payment of the said cheque amount, thereupon, a legal notice was issued by the opposite party no. 2 on 15.03.2016 to the applicant no. 1, which was received by the applicant no.5 on behalf of the Firm. The other applicants did not receive the notice. Subsequent thereto, a complaint case was lodged by the opposite party no. 2 under Section 138 of the N.I. Act against the applicants herein. The trial court having analyzed the facts of the case and having found a prima facie case made out against the applicants herein, had summoned the applicants no. 2 to 6 vide impugned summoning order dated 03.05.2016, against which the instant application under Section 482 Cr.P.C. has been filed by the applicants herein.