V S REDDY Vs. EXCEL GLASSES LTD

JUDGEMENT

(1.) The revision Petitioner in Crl.R.P. No. 1687/2005 as well as the Petitioner in Crl.M.C. No. 1970/2005 is the accused in CC. No. 315/2004 on the file of the Chief Judicial Magistrate, Alappuzha. (Hereinafter, he is referred as the Petitioner). The first Respondent in both proceedings is the complainant before the trial court. The first Respondent in his complaint alleged that the Petitioner issued three cheques, totally for a sum of Rs. 11,08,474/-, in discharge of a liability arising out of a business transaction, whereby the Petitioner purchased glass bottles from the first Respondent and that when presented for collection, the cheques were returned dishonoured with endorsement 'payment stopped by the drawer' and that there was no balance in the account of the Petitioner and that though a notice demanding discharge of liability was caused, neither any reply was sent nor the liability was discharged. The learned Magistrate took cognizance and issued process.

(2.) The Petitioner, after accepting the process, filed a petition before this Court as Crl.M.C. No. 2685/2004 seeking an order to quash the complaint in exercise of the powers conferred on this Court under Section 482 of the Code of Criminal Procedure with a plea that the bottles supplied by the first Respondent when sent with medicinal products developed cracks and were of very poor quality and so the amount due to the first Respondent was much lesser and in that circumstance, the Petitioner directed his bank to stop payment and that there was sufficient amount in his account to honour the cheques, when presented for collection, and that the transaction between the Petitioner and the first Respondent is purely a civil one and the dispute is of a civil nature and to be disposed accordingly and that no offence under Section 138 of the Negotiable Instruments Act was constituted.

(3.) While disposing Crl.M.C. No. 2685/2004, this Court issued the following directions: