RONGON MUKHOPADHYAY,J. - (1.) Heard Mr. P.P.N. Roy, learned counsel appearing on behalf of the petitioner and Mr. Jitendra S. Singh, learned counsel on behalf of the opposite party No. 2.
(2.) In this application, the petitioner has prayed for quashing the entire criminal proceeding in connection with Complaint Case No. 210 of 2005 including the order dated 14.06.2005 passed by learned Judicial Magistrate, 1st Class, Ranchi, whereby and whereunder, cognizance has been taken for the offence punishable u/s 138 of the Negotiable Instrument Act.
(3.) The complaint was instituted by the opposite party No. 2, in which it was averred that the complainant is the Managing Director of M/s. Agrotech Pvt. Ltd. which is a distributor of VST Tillers Ltd., Bangalore which manufactures tractors and power tillers. It has been stated that the Department of Agriculture, State of Jharkhand has floated a scheme for supply of power tillers to the farmers. M/s. Milan Enterprises approached M/s. VST Tiller Pvt. Ltd. Bangalore for grant of sub dealership in. the District of Charta. The same was accepted. The total cost of power tillers was Rs. 1,55,000/- and M/s. Milan Enterprises was required to deposit the farmers-share of Rs. 40,500/- per power tiller and the rest amount was to be paid by the Government as subsidy to M/s. VST Tiller Pvt. Ltd. It has been alleged that 40 numbers of power tillers were given to M/s. Milan Enterprises to supply it to the farmers by the complainant. It has been alleged that the accused persons made farmers share of different dates in cash or demand draft. Rs. 5 lakhs remained outstanding for which two post dated cheques of Rs. 3 lakhs and Rs. 2 lakhs was issued in the joint signature of partners of M/s. Milan Enterprises in the name of M/s. VST Tiller Pvt. Ltd., Bangalore. The allegation has been levelled that the complainant had accepted both the cheques on behalf of M/s. VST Tiller Pvt. Ltd. which endorsed both the cheques as holder in due course for realization of the amount. The complainant in his capacity as holder of the cheque presented the same to bank on 08.10.2004 and the same was dishonoured as the account was closed. The complainant could come to know that M/s. Milan Enterprises had closed his business and the accused had set up a new business in the name and style of M/s Raj Enterprises at Hazaribag. It has been alleged that a notice was sent on 01.11.2004 which was unnerved and subsequently two more legal notices were sent and the accused persons were also approached but since the amount was not paid the complaint case was instituted. Upon conducting an enquiry on the complaint, cognizance was taken on. 14.06.2005 by the learned Judicial Magistrate, 1st Class Ranchi u/S. 138 of the Negotiable Instruments Act.;