MANAGING DIRECTOR Vs. AMEEN

JUDGEMENT

(1.) For the sake of convenience, parties are referred to by their rank before the Trial Court.

(2.) The appellant, who is the complainant in C.C.No.34/2016 on the file of the Additional Senior Civil Judge and JMFC, Mudhol, filed a private complaint under sec. 200 of Cr.P.C., for the offence punishable under sec. 138 of the Negotiable Instruments Act, 1881, (" N.I. Act " for short) against the respondent/accused contending that it is a registered company manufacturing crystal sugar. During harvesting season, labourers are employed for harvesting sugarcane grown in the cultivators land. The complainant has alleged that the accused offered to supply labourers for harvesting sugarcane and complainant-company paid Rs.14,00,000.00, Rs.11,50,000.00, Rs.11,50,000.00 and Rs.6,520.00 i.e. in all Rs.37,06,520.00 to the complainant by way of advance. Though accused supplied labourers to the tune of Rs.30,96,035.00 and thereafter abruptly the labourers left. When the complainant demanded accused to return the balance amount, he issued a cheque dtd. 12/11/2014 for an amount of Rs.8,36,585.00. It is further alleged that on 14/11/2014 when the said cheque was presented for encashment, it returned dishonoured with an endorsement "insufficient funds".

(3.) After complying with the legal formalities, complaint came to be filed in PCR No.19/2015 for the offence punishable under sec. 138 of the N.I. Act. After recording sworn statement, the Trial Court has taken cognizance and registered the case in C.C.No.34/2016 and issued summons to the accused and it is duly served. Since the accused failed to appear before the Trial Court, non-bailable warrant came to be issued through local police and also through the Superintendent of Police, Beed District, Maharashtra State. As the concerned police were not able to secure the presence of accused, complainant filed application under Sec. 82 of Cr.P.C., with a prayer to issue proclamation. On 12/4/2019, the application came for consideration. However, without issuing proclamation, arbitrarily, the Trial Court has dismissed the application and also proceeded to close the proceedings under Sec. 258 of Cr.P.C., by observing that the presence of accused not secured is since last three years.