S.K.JAIN, J. - (1.)JUJHAR Singh through a written application lodged FIR No. 87 of dated 1.7.1988 in Police Station, Chandigarh under Sections 406/420 Indian Penal Code on the allegations, "that he was running poultry feed business in the name and style of M/s. Dale Poultry Farm at village Mauli, Post Office, Mani Majra, U.T. Chandigarh. He used to supply poultry feed to Shri Devinder Singh of M/s. Mandrin Poultry Farms Private Limited as also to Mrs. Atamjit Kaur wife of Devinder Singh of M/s Biba Poultry Farm. They purchased poultry feed for some months, but the supply was stopped as they did not honour their commitments. Devinder Singh, first petitioner, had issued four cheques dated 16.12.1986, 16.1.1987, 24.1.1987 and 1.2.1987 respectively, whereas Mrs. Atamjit Kaur, petitioner No. 2, had issued two cheques dated 20.1.1987 and 7.2.1987. These cheques were presented before their bankers but the same were dishonoured. He approached them that since their cheques had been dishonoured, they should pay the amount in cash but they had not paid even a single penny to him for the last about two years and, therefore, they had cheated him for the amount due from them. When he insisted for payment, they had abused him and threatened to kill him."
(2.)ON the challan having been put up before him, learned Judicial Magistrate 1st Class, Chandigarh, vide his order of November 10, 1988, (Annexure P -2), found that a prima facie case under Sections 420/406 of the Indian Penal Code was made out against the accused. Consequently, he charged them accordingly vide chargesheet Annexure P -1.
(3.)CRIMINAL Revision No. 1168 of 1988 has been filed by Sh. Devinder Singh and Mrs. Atamjit Kaur for quashing the above said order and chargesheet as well as the proceedings of the case on the ground that there were business dealings between the petitioners and Jujhar Singh complaint for the last several years and the petitioners had been purchasing poultry feed from him regularly. It was mutually decided that the petitioners shall give post -dated cheques at the time of supply of feed as security for payment and the cheques shall not be presented to the bank and will be returned to the petitioners at the time of payment of the amount thereof in cash. This was being followed right from the year 1986 and, therefore, dishonouring of the cheques would create only a civil liability and not a criminal one on the part of the petitioners.
I have heard Sh. H.S. Gill, Advocate, for the petitioners and Sh. Rajiv Vij, Advocate, for Sh. Anand Swaroop, Senior Advocate, Standing Counsel for Union Territory, Chandigarh, and have carefully gone through the material on record.