Mrs. M.Kapur, J. - (1.) The non-petitioner No. 2 had filed a complaint in the Court of Munsif and Judicial Magistrate, Nawalgarh for offence under Section 138 of the Negotiable Instruments Act, 1989 (hereinafter referred to as the Act) and Section 420, I.P.C. On this complaint, the learned Magistrate took cognizance for the offence under Section 138 of the Act on 8.9.1992 and directed that the accused be summoned. The five petitioners who were the accused in the complaint, have approached this Court under Section 482, Cr. P.C. for quashing the complaint as well as the order of the Magistrate taking cognizance on the complaint.
(2.) The facts will be given briefly so that the legal points which have been raised by the parties can be appreciated. The non-petitioner No. 2 is a Cement Manufacturing Company have its factory at Sitapur, Tehsil Nawalgarh. The petitioner No. 1 is a company having its registered office at Bulandshahar U.P. and is primarily marketing cement, fertilizers, scooters, etc. The petitioner No. 2 is the Managing Director of the Company, while the petitioners No. 3, 4 and 5 are its Directors.
(3.) The dealings between the parties started in June, 1991. The petitioner No. 2 Company purchased cement from the complainant and the cement was to be dispatched to the dealers in the name of the petitioner. The payment for the cement was to be made by the petitioner. After May, 1992 dispute arose between the parties.;