BELLARY STEELS AND ALLOYS LTD Vs. VENDANA ISPAT PRIVATE LTD
LAWS(CHH)-2005-10-3
HIGH COURT OF CHHATTISGARH
Decided on October 27,2005

BELLARY STEELS AND ALLOYS LTD. Appellant
VERSUS
Vendana Ispat Private Ltd. Respondents

JUDGEMENT

- (1.) The petitioners have preferred this petition under Section 482 of the Code of Criminal Procedure for quashing the criminal proceedings registered as Complaint Case No. 1782/2002 in the Court of Judicial Magistrate First Class, Raipur under Section 138 of the Negotiable Instruments Act on the complaint of respondent No. 1.
(2.) Brief facts of the case are that in the normal course of business dealing between the petitioner No. 1 and the respondent No. 2 the former had given a post dated cheque dated 1-9-1998 for Rs. 14,20,689.00 drawn on Punjab National Bank, Industrial Finance Branch, Bangalore and payable to respondent No. 1. The said cheque was presented for payment to their Banker -- State Bank of India, Industrial Finance Branch, Bangalore, in the first week of September, 1998, through collection. However, the cheque was returned by the Banker of petitioner No. 1 with an endorsement "please present again" with a cheque return memo dated 15-9-1998. After receiving the original cheque the respondent No. 1 caused a legal notice dated 29-9-1998 to the petitioner No. 1 through his advocate informing that the cheque had bounced on its presentation and further calling upon him to make the payment for the said cheque within a period of 15 days from the date of receipt of said notice. When the payment was not made as per the notice of demand criminal complaint under Section 138 of the Negotiable Instruments Act was filed by respondent No. 1 on 11-11-1998 vide Annexure P-9.
(3.) Respondent No. 1 examined one Durga Prasad Malviya, the Accountant of his Company in support of the complaint on 18-4-2000. After recording the statement of the above said witness of respondent No. 1 the learned Judicial Magistrate First Class registered the offence under Section 138 of the Negotiable Instruments Act against the petitioners and directed issuance of summons against them. The petitioners thus aggrieved by the registration of the offence under Section 138 of the Negotiable Instruments Act and continuance of the criminal proceedings against them, have filed this petition for quashment the same.;


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