CONTINENTAL CARRIERS PRIVATE LIMITED Vs. MITTU INTERNATIONAL INC

JUDGEMENT

(1.) M/s.Continental Carriers Pvt.Ltd. have filed this revision petition against theorder dated 6.8.92 of Shri JPS Malik, Metropolitan Magistrate, New Delhi, videwhich the complaint filed by the petitioner/complainant against respondents 1 to3 under Section 138 of the Negotiable Instruments Act (hereinafter referred to usthe 'Act') was dismissed.

(2.) Briefly stated, the facts leading to the filing of this petition are that thepetitioner filed a complaint against the respondents 1 to 3 alleging that in Februrary1991 in pursuance of a request by the aforesaid respondents their export consignment of ready made garments for sending to Birmingham, London was got clearedfrom the Customs Department and for doing that job a bill for Rs. 58,691 .00 wasraised against respondent No. 1, of which respondents 2and 3 are partners. It wasalso claimed that a Cheque dated 17.7.1991 for Rs. 58.216.00drawn on Indian Bank,Overseas Branch, New Delhi, for payment to the petitioner/complainant wasissued from the account of Oberoi Child Wear of which respondent No. 2 was theproprietor and that the cheque, on being presented, was dishonoured with theremarks 'not arranged for'.

(3.) It was further pleaded that on a request made by the petitioner therespondents gave instructions to the petitioner to represent the cheque in the firstweek of September 1991 with an assurance that it would be negotiated, but whenpresented again was dishonoured on 12.9.1991. Further averments made in theplaint were that a statutory notice dated 21.9.1991 was got issued to the respondents which they acknowledged but failed to make the payment and, thus, thecomplaint.