SWATHT INDUSTRIES Vs. HITESH TRADERS

JUDGEMENT

(1.) THE ALLEGATIONS WITH REGARD TO THE PROSECUTION FOR THE OFFENCE punishable UNDER SECTION 138 OF THE NEGOTIABLE INSTRUMENTS ACT, 1881 ARE THESE: ACCUSED NOS. 2 TO 6 RUN SEVERAL PARTNERSHIP concerns-LIKE SWATHI INDUSTRIES, PRAGATI INDUSTRIES, MURIHY LNDUSTRIES, etc. IN RESPECT OF PURCHASES MADE BY PRAGATI INDUSTRIES, THEY OWED certain SUM TO THE RESPONDENT. HOWEVER, WHEN PAYMENT HAD TO BE made, IT WAS THE SWATHI INDUSTRIES THAT GAVE A CHEQUE ON THE GROUND that NO AMOUNT WAS THERE TO THE CREDIT OF PRAGATI INDUSTRIES. WHAT sri BHAT, LEARNED COUNSEL FOR THE ACCUSED SUBMITS IS THAT EVEN according TO THE RESPONDENT COMPLAINANT, THE AMOUNT BEING DUE FROM pragati INDUSTRIES IN RESPECT OF THE PURCHASES MADE ON BEHALF OF THE said PRAGATI INDUSTRIES, THERE WAS NO LIABILITY OF SWATHI INDUSTRIES TO be DISCHARGED. IT IS TRUE, IF NOTHING HAD BEEN DONE ON BEHALF OF swathi INDUSTRIES FOR THE PURCHASES MADE BY PRAGATI INDUSTRIES, NO claim COULD HAVE BEEN MADE AGAINST SWATHI INDUSTRIES. BUT THE swathi INDUSTRIES, BY TAKING UPON ITSELF THE BURDEN OF DISCHARGING the LIABILITY OF PRAGATI INDUSTRIES, AND ON THAT ACCOUNT ISSUED A cheque, HAS THEREBY BOUND ITSELF TO DISCHARGE CERTAIN DEBT OR LIABILITY, and THAT IS HOW, ITS ISSUE OF CHEQUE NEEDED TO BE VIEWED. IT IS accordingly VIEWED AND THE MATTER IS BEING PROCEEDED WITH BY THE learned MAGISTRATE.

(2.) THERE IS NO MERIT IN THIS PETITION, AND THE SAME IS DISMISSED.