Sengupta, J. - (1.) Upon the petition of complaint filed by the opposite party, the learned Metropolitan Magistrate, Eigth Court, Calcutta, directed issuance of summons against the petitioners, one of whom is a public limited company and the other its managing director to answer charges under Section 141, read with Section 138, of the Negotiable Instruments Act, 1881.
(2.) In the petition of complaint, it has been, inter alia, alleged : (a) Against supply of steel rounds to the petitioner company, two cheques bearing No. 1277900, dated January 28, 1989, for Rs. 2,00,000 and No. 1277903, dated February 10, 1989, for Rs. 1,50,000 were issued in favour of the complainant's firm, namely, M/s. Standard Engineering Company, 40, Strand Road, Calcutta-1, by the petitioner-company acting through its managing director, i.e., the second petitioner, drawn on Indian Bank, Main Branch; Coimbatore. (b) In due course, the said cheques were presented with the complainant's bank, viz., Oriental Bank of Commerce, Strand Road, Calcutta, and the same were returned with the remarks "exceeds arrangement". (c) On March 13, 1989, the complainant intimated the petitioner-company regarding the dishonour of the cheques and requested issue of a demand draft for the value of the cheques failing which it was told that the cheques would be presented again before the bank. (d) Accordingly, the said cheques were again presented with the complainant's bank on March 29, 1989, and the same were returned with the remark "refer to the drawer" on April 13, 1989. (e) On April 27, 1989, the complainant's firm thereupon issued a notice under-registered post with acknowledgment due to the petitioner-company intimating the dishonouring of the cheques and demanding payment within fifteen days of receipt of the said notice. (f) The petitioner-company, it was alleged, received the notice on May 4, 1989, but did not make payment of the sum of Rs. 2,00,000 (rupees two lakhs only) and Rs. 1,50,000 (rupees one lakh fifty thousand only) beinj: the value of the cheques within the said fifteen days of receipt of the notice.
(3.) On the above facts, it was alleged that the petitioners have committed the offence under Section 138, read with Section 141, of the Negotiable Instruments Act, 1881, as amended.;