V N SAMANT Vs. K G N TRADERS

JUDGEMENT

(1.) This petition is filed by the first accused in C. C. No. 20939/93 on the file of the Chief Metropolitan Magistrate, Bangalore, against the issue of process to the petitioner and also for quashing the entire proceedings.

(2.) For the purpose of convenience the parties will be referred to by their rank in the lower court.

(3.) The defendant has filed the complaint against the petitioner and another person for an offence under Section 138 of the Negotiable Instruments Act ('the Act' for short) alleging that in respect of G. I. sheets which had been supplied by the complainant on the orders issued by the accused, a cheque for Rs. 1,15,000/- was issued by the accused on 27-5-1993, that when the cheque was presented for realisation on 28-5-1993 it was returned with an endorsement "exceeds arrangement" dated 31-5-1993 that the complainant got issued a legal notice dated 8-6-1993 demanding payment of the amount, that the notices were sent both by the registered post acknowledgement due as well as by certificate of posting to both the accused, that while the first accused received the notice the second accused refused the same, that the first accused sent a reply in which he admitted the issuance of the cheque but made other false allegations and that as the accused had failed to pay the amount in spite of the notice they have committed offence under Section 138 of the Act and also under Section 420 IPC.