AD CIRCLE PRIVATE LIMITED Vs. SHANKAR

JUDGEMENT

(1.) This revision petition is directed against the judgement and order dated February 17, 1990 passed by Shri D.R. Jain. Metropolitan Magistrate. New Delhi. who, whereby the said order dismissed the complaint presented by the petitioner under Sections 138/141 of the Banking, Public Financial Institutions and Negotiable Instruments Laws (Amendment) Act. 1988. (hereinafter referred to as 'the Act') for the sake of brevity).

(2.) Brief facts which led to the present complaint are as under: that the petitioner-complainant is a private limited company incorporated under the provisions of the Companies Act, 1956 with its registered office at 29A, Sir Hariram Goenka Street, Calcutta, with a Branch Office at 406, Meghdoot, 94, Nehru Place, New Delhi. Mr. Pradeep Kumar Gupta is a Director of the petitioner company and is thus fully authorised and competent to present this petition. Indian Safety Matches Co. Pvt. Ltd. is a private limited company duly incorporated under the Companies Act with its registered office at 107. Bhandari House, 91. Nehru Place, New Delhi. The respondents are the directors of the aforesaid company and are jointly and severally liable for the offences committed by the said company. In 1988 the petitioner published an advertisement in various newspapers for and on behalf of the said company. The petitioners raised several bills for a total sum of Rs. 1,03,965.00 . Indian Safety Matches Co. Pvt. Ltd. is still bound and liable to pay the said sum of Rs. 1,03,965.00 to the petitioners. The said company as part satisfaction of the abovesaid outstanding amountissued two cheques bearing Nos. 584616 dated 11.10.88 for Rs. 40,000.00 and a cheque bearing No. 374646 dated 15.12.88 for Rs. 10,000.00 (a sum of Rs. 50,000.00 in all). The above cheques were drawn on Indian Overseas Bank. Connaught Place, New Delhi. The first cheque to the tune of Rs. 40,000.00 was issued in favour of the petitioner company whereas the second cheque in the sum of Rs. 10,000.00 was issued in favour of Pradeep Kumar Gupta, Director of the petitionr company. Both the cheques were issued under the signatures of Sri Shankar, respondent No. 1. The petitioner on April 3, 1989 deposited the said two cheques for encashment with their banker i.e. State Bank of India, New Delhi. However, the said two cheques were returned to the petitioner with the endorsement 'Refer to Drawer'. Consequently, the petitioner served the respondents with notices dated April 20, 1989 under Section 138(b) of the Act by registered post. Despite the service of the said notice dated April 20, 1989 the company refused and neglected to pay the said sum of Rs. 50.000/. Having seer. no alternative the petitioner was compelled and impelled to lodge a criminal complaint on May 16.1989. The said complaint came up for hearing before Shri D.R. Jain Metropolitan Magistrate, New Delhi. Shri D.R.Jain after the appraisal of the oral as well as documentary evidence was of the view that the said complaint was not maintainable and dismissed the same under Section 203 of the Cr. P.C.

(3.) Aggrieved and dis-satisfied with the said judgement and order the petitioner have approached this Court.