KALPANA W/O ASHOK GOYAL Vs. MALLIKARJUN TRADERS

JUDGEMENT

(1.) Criminal petition Nos.101106/2015 and 101103/2015 are directed against the proceedings of C.C.No.757/2015 on the file of the JMFC, Hubballi. Crl.P.Nos.101105/2015 and 101104/2015 are directed against the proceedings of C.C.No.644/2015 on the file of the JMFC, Hubballi. Seeking quashing of the entire proceedings of the said two criminal cases, these petitions were filed under Section 482 Cr.P.C.

(2.) In the two complaints filed, Mallikarjun Traders alleged that towards supply of cotton seeds, cheques were issued on behalf of Tirupati Oil Extract (P) Ltd. company by its Managing Director, Ashok S/o. Ramagopal Goyal and Smt. Kalpana W/o. Ashok Goyal, also the Director of Tirupati Oil Extract (P) Ltd.

(3.) Shri. K. L. Patil, learned advocate contended that the Managing Director of Tirupati Oil Extract (P) Ltd. company had filed a complaint on 12.07.2014 against the respondent and others, before Huballi Rural Police Station and a case in Crime No.219/2014 was registered for the offences under Sections 468, 406, 420 R/w. Section 34 IPC and that, on 17.09.2014, the respondent was notified to return the cheques, which were fraudulently obtained by it and even after the notices being issued, the chques in question were presented for encashment on 22.11.2014. Learned counsel submitted that 'stop payment instruction having given to the bank', the cheques in question were not honoured, as the cheques in question had been obtained by the respondent fraudulently. Learned counsel submitted that to the statutory notices of the respondent, replies were sent denying the transaction and despite the same, the motivated complaints having been filed, learned magistrate has mechanically taken cognizance and issued process against the petitioners.