N.C. Mukherji, J. - (1.) This Rule arises on an application under Section 401 of the Code of Criminal Procedure, 1973 and is directed against an order of conviction under Sections 406/34 I.P C. sentencing the petitioner to rigorous imprisonment for three months and a fine of Rs. 500/-, in default to rigorous imprisonment for three months more passed by Sri M. A. Vidvadharan, Judicial Magistrate, Asansol on 9.11.77 in case No. C/5227/72 and affirmed on appeal by Sri D. K. Chakraborty, Additional Sessions Judge, Asansol on 20.3.80 in Criminal Appeal No. 3 of 1979/102 of 1978.
(2.) The prosecution case is that the India Refractories, Kulti placed an order for a Hindustan Ambassador car with M/s. Pandit Brothers, Asansol in 1972. On 22.1.72 M/s Pandit Brothers, vide their letter desired payment of advance money towards the price of the tar and empowered their agent, A. K. Mazumdar since deceased to receive the cheque on their behalf. On 27.5.72 a cheque for Rs. 20,800/- was issued in favour of Pandit Brothers by the complainant firm and the cheque was drawn by the Pandit Brothers on 29.5.72 through Canara bank, 71, Canning Street, Calcutta. On 3rd, August, 1972 M/s. Pandit Brothers delivered a detective car to the India Refractories which was returned on the promise that the said car could be replaced by 10.8.72. However, the Pandit Brothers tailed to make replacement of the car or to repay the sum received on them in spite of repeated reminders and requests made by India Refractories. Finally on 19.9.72 Pandit Brothers issued a cheque for Rs. 20,800/- in favour of India Refractories through Dena Bank but on 27.9.72 the said Bank sent the cheque dishonoured stating to 'refer to the drawer' as on that date Pandit Brothers was having Rs. 333.32 paise only in their credit in Dena Bank. The accused J.G. Pandit alias Lalbhai Pandit is one of the partners of Pandit Brothers while the other partners H. G. Pandit and Ramesh Bhai Pandit induced the India Refractories personally to make payment of advance money and they did issue the cheque on Dena Bank which was subsequently dishonoured for want of funds. The accused Y. G. Pandit and Ramesh Bhai Pandit were absconding and as such the case against them was filed by the learned Sub-Divisional Judicial Magistrate. So the present petitioner only faced the trial.
(3.) The defence is that he has got no connection with Pandit Brothers and that he is innocent and to put pressure on him, this false case has been filed.;