MANAGING DIRECTOR Vs. SHIVAJI VASANT PATIL

JUDGEMENT

(1.) Being aggrieved by rejection of the application filed under sec. 82 of Cr.P.C., and also stopping further proceedings by invoking Sec. 258 of Cr.P.C., vide order dtd. 11/3/2020 in C.C.No.454/2017 on the file of the Additional Senior Civil Judge and JMFC, Mudhol, the petitioner, who is complainant before the Trial Court, has come up with this petition under Sec. 482 of Cr.P.C.

(2.) The petitioner has filed a private complaint under sec. 200 of Cr.P.C., alleging 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 Co-operative Society registered under the Societies Act , manufacturing crystal sugar. The service of respondent/accused was taken for supply of labourers during the harvesting season. Respondent agreed to hire one truck for transporting sugarcane to the complainant-factory and received advance of Rs.4,50,000.00. However, he failed to fulfill his promise and when insisted to return the advance amount, he issued a cheque dtd. 8/7/2013 drawn on UCO Bank, Kolhapur Branch, Maharashtra State for a sum of Rs.4,50,000.00. However, when it was presented to the bank on 16/7/2013, it was dishonoured and returned with a covering letter dtd. 23/7/2013 stating that the respondent is not having sufficient funds in his account. Therefore, after issuing legal notice dtd. 20/8/2013 and on failure of respondent to comply with the requirements of the legal notice, a complaint is filed under sec. 200 of Cr.P.C., alleging offence punishable under sec. 138 of N. I. Act.

(3.) It is further case of the petitioner that the Trial Court took cognizance and summons was issued. Since in spite of due service of summons the accused remained absent, bailable and non-bailable warrants came to be issued. However, the concerned police have failed to execute the warrants and therefore, on 15/2/2020 he filed an application under sec. 82 of Cr.P.C. to issue proclamation. But vide the impugned order the trial Court not only rejected the said application, but also stopped the further proceedings under sec. 258 of Cr.P.C. Aggrieved by the same, this petition is filed.