COMPUTECH ELECTRONICS Vs. UNITEL TECHONOLOGY

JUDGEMENT

(1.) This is an appeal under Section 378 CrPC read with Section 482 CrPC against the order dated 28.7.2008 of learned M.M. passed in C.C. No. 6057/1/06/01.

(2.) The appellant, admittedly was a partnership firm and the complaint was filed by its General Manager Sh. Rajwant Singh Sachdeva before the learned M.M. against the respondent. The allegations against the respondent were that they had purchased goods from the petitioner and in lieu thereof issued a cheque of Rs. 1,50,000/- dated 22.12.2000. The said cheque on presentation got dishonoured on account of 'insufficient funds'. The appellant contacted the respondent over telephone and disclosed the fact of dishonouring of the cheque. On respondent's request, the cheque was again presented for clearance, but was returned due to insufficient funds vide Memo dated 27.01.2011.

(3.) The respondent raised the question of maintainability of the complaint in the present form alleging that the cognizance of the complaint taken by the M.M. was bad in law in terms of Section 142 of the Negotiable Instruments Act. It was averred that the complaint was filed through the General Manager of the partnership firm without any permission of the firm. It was submitted that since Mr. Rajwant Singh Sachdeva was neither the payee of the said cheque nor was the holder in due course of the cheque and that being so, learned M.M. was not competent to take cognizance against the respondent. On merits, the case of the respondent was that the cheque in question was given to the complainant as advance payment of the goods to be supplied to the respondent and since the goods were not supplied, there was no liability of the respondent to make any payment.