CUCUSAN FOILS PRIVATE LIMITED Vs. STATE DELHI ADMINISTRATION

JUDGEMENT

(1.) This petition filed under Section 482 of the Cede of Criminal Procedure (for short 'the Code') raises a question as to the procedure required to be followed by a Magistrate, on receipt of a complaint, alleging commission of an offence.

(2.) A brief narrative of the facts would facilitate having a proper perspective of the issue involved. The petitioner is company incorporated under the Indian Companies Act (for short the Company'). A complaint was filed by the Company's authorised representative under Section 138 cf the Negotiable Instruments Act, 1881 alleging that M/s. Modern Packers, arraigned as accused No. I in the complaint, was a proprietary concern of Ch. Ram Singh, shown as accused No. 2, and that a cheque was issued in the name of accused No. 1 for a sum of Rs-32,666.50 on 15th June 1989 duly signed by accused No. 2 towards payment of the price of goods but on presentment the said cheque was received back with banker's endorsement 'refer to drawer'. It was alleged that the cheque had been dishonoured owing to the fact that the account of the accused in the bank did not contain sufficient amount to meet the same. A registered notice was issued thereafter informing the accused about the cheque having been dishonoured but failing to get any response, and after issuing another notice, which was duly received by the accused, and no payment having been received within tile stipulated period of 15 days, since after the expiry of the receipt of the notice, an offence as contemplated by Section 138 of the Act was alleged to have been made out.

(3.) The complaint filed on 25th July, 1989 was received by the concend Magistrate on the same day whereupon he passed the following order :