ABHINAV GUPTA Vs. STATE

JUDGEMENT

(1.) THIS is a petition filed by the petitioner under Section 482 Cr. P. C. for quashing of the complaint case no. 2002/2001 titled M/s Kundan Rice Mills Ltd. Vs. M/s C. L. International.

(2.) BRIEFLY stated the facts leading to the filing of the present petition are that M/s Kundan Rice Mills Ltd. respondent herein filed a complaint case against the M/s C. L. International, Sh. Abhishek Gupta, Shri Abhinav Gupta and sh. Ravinder Gupta claiming him to be the in-charge/manager. It is alleged that the petitioner Abhinav Gupta along with Abhishek Gupta and Ravinder Gupta used to purchase rice from the respondent company and in order to pay the outstanding amount of sell sale price the accused no. 1 to 4 authorized to Mr. Abhinav Gupta accused no. 3 to sign the cheques. It is alleged that the apart from this liability Mr. Abhinav Gupta, the petitioner, had issued a cheque no. 046162 dated 21. 03. 2008 for a sum of rs. 6,87,958/- drawn on Bank of India, Overseas Brach, Vijay Building, 17, Bara khamba Road, New Delhi from the account of M/s C. L. International. It is alleged that the aforesaid cheque on presentation was dishnoured on account of stop payment. The dishonoured cheque was returned along with a memo dated 11th september, 2008 indicating that there were instructions of stop payment. It is alleged that the petitioner was the in-charge of day to day business of the conduct of the firm and is guilty of Section 138 read with section 141 of the negotiable Instruments Act.

(3.) I have heard the learned counsel for the petitioner. It is contended that since the cheque has been dishonoured on account of stop payment and not because of insufficiency of funds, therefore, the offence under Section 138 of the Negotiable Instrument Act is not made out and accordingly the petitioner could not have been summoned and the complaint deserved to be quashed. The learned counsel for the petitioner has placed reliance on case titled bhageerathy Vs V. Beena and Anr. Crl. M. C. No. 473/1992 Crl. L. J. 3946 of Kerala high Court wherein it has been held that if the cheque is dishonour only on the ground of insufficiency of funds or the cheque exceeds the arrangement in the account then only an offence under Section 138 of the Negotiable Instrument Act will be made out. Similar is the judgment of another Single Judge of the Kerala High Court in case titled S. Ashok and Anr. Vs. Sri Vasudevan Moosad 1993 Crl. L. J. 2486.