- (1.) Heard learned counsel for the petitioners and the learned counsel for the State as also learned counsel for the complainant opposite party No. 2.
(2.) The petitioners have prayed for quashing the order dated 18.04.2011 passed by Smt. K.M. Prasad, learned Judicial Magistrate, Jamshedpur, in C/1 Case No. 660 of 2011, whereby the Court below has found prima facie offence under Section 138 of the Negotiable Instruments Act, (hereinafter referred to as the "Act"), against the petitioners and have directed for issuance of summons against them. The petitioners have also prayed for quashing the entire criminal proceeding against them in the said complaint case.
(3.) The complainant opposite party No. 2 filed the complaint case in the Court of the learned Chief Judicial Magistrate, Jamshedpur, in which it is stated that the complainant is the partner of M/s S.P. Minerals, which used to supply the iron ore to M/s Bihar Sponge Iron Ltd. Chandil, in the district of Seraikella-Kharswan. The said Bihar Sponge Iron Ltd., after making sponge, fines and dust of the iron ore used to supply the same to M/s Sati Iron and Steel Pvt. Ltd., Gamharia, having its office in Jamshedpur. It is alleged in the complaint petition that there was an agreement between the complainant's firm and M/s Sati Iron and Steel Pvt. Ltd. Jamshedpur, according to which M/s Stati Iron and Steel Pvt. Ltd., used to make the payment of their purchased sponge, iron fines and dusts etc., directly to the complainant's firm and the business was going on smoothly between the parties. Alleging, that all of a sudden since the last part of year 2009 the accused persons stopped making payments to the complainant for the iron ore supplied by them to Bihar Sponge Iron Ltd. Chandil. It is alleged that ultimately the accused persons issued nine account payee post dated cheques of Rs.10,00,000/- each, but due to the repeated requests of the accused persons, the cheques were not presented in the bank, on the plea of payment to be made by them. In view of the fact that no payment was ultimately made, the cheques were deposited in the bank, but by that time the period of three cheques had already expired. All the nine cheques were returned back, out of which three cheques were dishonoured due to their expiry and the remaining six cheques were dishonoured as exceeding arrangements, and the complainant was informed about it by the bank on 01.02.2011. Thereafter, the legal notice was given to the accused persons on 09.02.2011 for the payment of Rs.60,00,000/- out of the six cheques which were presented in the bank within the due period, but when no payment was made, the complaint case was filed on 03.03.2011.;