G.P. Mathur, J. - (1.) THIS petition under Section 482, Code of Criminal Procedure has been filed for quashing the proceedings of Criminal Case No. 1150/IX/97 of 1997 pending in the Court of Judicial Magistrate,, Sadar, Mathura.
(2.) R .K. Khatri (complainant opposite party No. 1) filed a criminal complaint against the Applicant Section Chart (accused in the complaint) on 17.7.97. The case of the complainant in brief is that he is working as Deputy Manager in A.T.V. Projects India Ltd. Since 1995: that Section Chart Managing Director of M/s. Nagarjuna Finance Ltd. held negotiations with the complainant regarding supply of a Plate Bending Machine and a Diesel Generator Set under a hire -purchase agreement for Rs. 2.50 crores: that the complainant had always asked for supply of a good quality machine made by a reputed company: that S. Chari delivered the machines at the site of the factory at 3 p.m. on 1.3.1995 and assured that the same were of good quality and would give good performance: that, however, within a short time the machines developed trouble and could not give the desired results that the complainant had been paying the instalments towards the price of the machines regularly: that the complainant wrote several letters to S. Chari but he did not give any reply: that S. Chari deliberately and purposely gave old machines and thereby cheated the complainant: that S. Chari after taking into confidence the Chairman of the Company obtained his signature on blank papers which were being misused by him; that both the machines had stopped working and were lying idle but S. Chari was neither taking them back nor was he returning the money and had thereby committed cheating and forgery : that the complainant lodged a report with Superintendent of Police, Mathura but the police was taking no action. It was accordingly prayed that the accused be summoned and punished under Sections 417, 420, 465, 468, 471, I.P.C. After recording statement of complainant under Section 200, Code of Criminal Procedure and of two other witnesses under Section 202, Code of Criminal Procedure the learned Magistrate passed an order on 29.10.1997 taking cognizance of the offence. He issued process against the accused under Sections 420, 465, 468 and 471, I.P.C. and also issued non -bailable warrants of arrest against him for his appearance in court on 1.12.1997. The case of the accused Applicant as set up in the petition, in brief, is that the Plate Bending Machine and Diesel Generator Set had not been supplied by M/s. Nagarjuna Finance Ltd. as alleged in the complaint. The aforesaid machines had already been installed in the factory of M/s. A.T.V. Projects India Ltd. by 10.5.1994. The machines had in -fact been selected by M/s. A.T.V. Projects India Ltd. and were supplied by M/s. Vidiani Engineering Ltd. New Delhi M/s. A.T.V. Projects India Ltd. had approached M/s. Nagarjuna Finance Ltd. for giving them advance of Rs. 2.50 crores for purchase of the machinery and in connection therewith, a hire -purchase agreement was executed on 4.2.95. Under the said agreement, M/s. A.T.V. Projects India Ltd. had to repay the amount in monthly instalments. Regarding the advance of Rs. 50 lakhs made by Nagarjuna Finance Ltd. to M/s. A.T.V. Projects India Ltd., the latter had to repay the whole instalments in 36 monthly instalments of Rs. 1,87,847.22 commencing from 15.2.95 and ending on 15.1.1998. The case of the accused Applicant further is that M/s. A.T.V. Projects India Ltd. gave three cheques dated 15.3.96, 15.4.96 and 15.5.96 for Rs. 1,87,847.22 each drawn on Bank of India, Mathura, but all the cheques were dishonoured with the endorsement of Bank insufficient balance. A notice was sent to M/s.. A.T.V. Projects India Ltd. to repay the amount within 15 days but nothing was paid. Thereafter M.S. Nagarjuna Finance Ltd. filed a criminal complaint under Section 138 Negotiable Instruments Act against (1) M/s. A.T.V. Projects India Ltd. Mathura (2) Suresh Charturvedi Vice Chairman and (3) Mahesh Chaturvedi Chairman of M/s. A.T.V. Projects India Ltd. in the Court of XV Metropolitan Magistrate, Hyderabad which was registered as Crl. Case No. 430, 1996. The learned 15th Metropolitan Magistrate, Hyderabad by his judgment and order dated 16.9.97 convicted the accused under Section 138 Negotiable Instruments Act and sentenced M/s. A.T.V. Projects India Ltd. to pay a fine of Rs. 5,000 -and Mahesh Chaturvedi Chairman of the Co. to undergo six months R.I. and a fine of Rs. 5,000. It is thus submitted that the proceedings of criminal case instituted against S. Chari Managing Director of Nagarjuna Finance Ltd. are an abuse of the process of Court and they are liable to be quashed.
(3.) I have heard Sri A.D. Giri, learned senior Advocate, on behalf of the accused Applicant, Sri Viresh Misra on behalf of the complainant opp. party and have perused the record.;