- (1.) This is a petition filed under Section 482 of the Code of Criminal Procedure seeking to reverse and set aside the order dated 5-7-1996 passed by the learned Magistrate referring the complaint presented by the first respondent in this petition to the police under Section 156(3) of Cr. P.C., and to quash the First Information Report submitted by the Police in Crime No. 341/96 registered by the High Grounds Police against the petitioner for offences punishable under Sections 418 and 420, IPC. and to quash all subsequent proceedings in PCR No. 446/96 pending on the file of the learned VII Addl. Chief Metropolitan Magistrate, Bangalore.
(2.) The Respondent No. 1 herein filed a private complaint before the learned Magistrate under Section 200 of the Code of Criminal Procedure, hereinafter called the Code, alleging offences punishable under Sections 418 and 420, IPC. The gist of the complaint is as follows : That complainant is a proprietary concern doing business in Silk finished products consigning its products to various countries, U.S.A., Germany, Australia, Italy etc., Petitioner herein, who is the accused in the complaint approached the complainant with the request to supply with complainant's silk fabrics. It is stated that subsequent to the first letter dated 22-11-1993 sent by the petitioner herein to the complainant, several correspondences took place between the complaint firm and the accused and finally the accused-petitioner agreed to import the Silk Fabrics from the complainant firm. The bills towards the consideration of those Silk Fabrics were routed through the complainant's banker namely, Bank of Madura Ltd., N. R. Road Branch, Bangalore. It is stated that thereafter the accused used to regularly import the Silk Fabrics from the complainant. The accused made defaults in payment of the bills. It is stated in the complaint that the petitioner is due to the complainant 72,075.90 U. S. dollars amounting to Rs. 26,47,351/-. It is stated that the petitioner's not honouring the payments in spite of his receiving the goods from the complainant resulted in the complainant losing the faith of his bankers. It is stated that several times, the complainant contacted the petitioner and the petitioner assured the complainant that he would pay all the dues. It is stated that three cheques were issued by the petitioner on different dates drawn in favour of the complainant-firm on State Bank of India, California Artesia Branch, U.S.A.. It is stated that the three cheques were presented through bankers of the complainant, but all the cheques were dishonoured. Thereafter, the complainant sent registered letters to the petitioner, which were acknowledged by the petitioner. It is stated in the complainant itself that the acts of the petitioner in not paying the dues to the complainant amounted to an offence under Section 138 of the Negotiable Instruments Act. It is further stated that the bankers of the complainant informed that they feel that the petitioner had no intention to pay the dues and advised the complainant to act swiftly both under civil and criminal law. It is further stated by the complainant that he apprehends that the petitioner-accused represented by its President had clear intention to cheat the complainant firm after receiving the silk fabrics and not making the payment of the same and hence, according to the complainant, the petitioner has committed to offence, under Sections 418 and 420, IPC. It is further stated that the Company's President who is petitioner herein was in India at the time, when he filed the complaint and at any moment, he may leave India and it may not be possible to apprehend him thereafter and therefore, the complainant has filed the complaint.
(3.) The learned Magistrate after receipt of the complaint did not take cognizance of the offence. Instead, the learned Magistrate referred the matter to the police for investigation under Section 156(3) of the Code.;