LAWS(BOM)-2008-3-347

SIDDHIVINAYAK Vs. BAJEERAO TUKARAM PAWASE

Decided On March 28, 2008
Siddhivinayak Appellant
V/S
Bajeerao Tukaram Pawase Respondents

JUDGEMENT

(1.) Rule. Rule made returnable forthwith and heard finally.

(2.) This is an application for quashing of the First Information Report (F.I.R.). The applicants are protected as per the interim order dated 29th October, 2007, rendered by Hon ble Shri Justice B.R. Gavai.

(3.) The dispute appears between the two (2) Sugar Factories. There was a stock of excessive sugar-cane which could not be used by Samarth Sahakari Sakhar Karkhana Limited. Allegedly, the applicants requested to supply the said sugar-cane for their Sugar Factory styled as "Anuradha Sugar Mills Limited". The competent Directors of the Sugar Factory settled the terms and price of the said excessive stock of sugarcane which was purchased by the applicants. The applicants only paid a part of amount of price. They did not pay remaining amount. They gave four (4) cheques of rupees three (3) crores, which were bounced. The learned advocate for the respondents state that criminal complaints for offences punishable under section 138 of the Negotiable Instruments Act are already filed against the applicants. There is no difficulty in proceeding further with such complaints. The allegations of non-payment of remaining amount and bouncing of the cheques is also part of the F.I.R.