INDIAN SULPHACID INDUSTRIES LTD Vs. EMMSONS INTERNATIONAL LTD

JUDGEMENT

(1.) THIS is a petition under Section 482 of the Code of Criminal Procedure (Cr.P.C.) seeking quashing of complaint No.4043/01 filed under Section 138 of the Negotiable Instruments Act 1881 (for short `N.I. Act') titled `M/s Emmsons International Limited Vs. M/s Indian Sulphacid Industries Ltd. and others'.

(2.) BRIEFLY stated, the facts relevant for the disposal of this petition are that M/s Emmsons International Limited filed a complaint under Section 138 read with Section 142 N.I. Act against the petitioner company and others claiming that petitioner company purchased sulphur from the respondent company on regular basis. During the period with effect from 20th June, 1998 to 30th November, 1998, sulphur worth `42,86,250/- was supplied by the complainant to the respondent company. Respondent company was having a running account against those supplies and in discharge of their liability against those supplies, respondent company had made part payment of `32,44,750/- as against the liability of `42,86,250/-. Thus, on 17th March, 1999, a sum of `10,41,500/- was due from the petitioner company. It is also claimed in the complaint that, in order to discharge aforesaid liability, the petitioner company sent 11 cheques all dated 24th March, 1999 to the respondent company vide a covering letter dated 24th March, 1999. 10 of those cheques were for `1,00,000/- each and 11th cheque was for `41,500/-. Four of those cheques bearing No.888235 to 888238 for `1,00,000/- each were presented for encashment through the respondent company's banker. Those cheques were dishonoured with the observation "payment stopped by the drawer". On the receipt of dishonour memo, the petitioner sent separate demand notices under Section 138 N.I. Act to the respondents for respective cheques. The respondents, however, failed to make the payment of those cheques within requisite period of 15 days. This led to filing of a single complaint under Section 138 N.I. in respect of dishonour of the above referred four cheques.

(3.) IN order to properly appreciate the contention of learned counsel for the petitioner, it would be useful to have a look on Chapter XVII Part B Cr.P.C. dealing with joinder of charges, particularly Sections 218, 219 and 220(1) of the Cr.P.C. which are re-produced thus:-