AJAY MAHAJAN Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) By means of this petition moved under Section 482 of Code of Criminal Procedure 1973, (for short Cr.P.C,) the petitioners have sought quashing of the proceedings of criminal complaint case No. 2197 of 2003, Gupta Lime & Limestone Co. v. Mahajan Tanners Ltd. and Ors., relating to offence punishable under Section 138 of Negotiable Instruments Act, 1881, pending in the court of Special Judicial Magistrate, II, Dehradun.

(2.) Heard learned Counsel for the parties and perused the papers on record.

(3.) Brief facts of the case are that complainant (present respondent No. 2) deals with business of supply of lime. As per the criminal complaint accused No. 3, Ashok Mahajan, accused No. 4 Ajay Mahajan and accused No. 5 Sanjay Mahajan are directors of accused No. 1 M/s Mahajan Tanners Ltd. It is further pleaded in the complaint that accused No. 3 Ashok Mahajan is also director of accused No. 2 M/s Bench Mark Teather Goods Pvt. Ltd. For supply of lime by the complainant, an amount of Rs. 1,76,042.66/- was outstanding. Two cheques bearing No. 007684 dated 20.11.1998 and No. 007685 dated 15.12.1998, were issued by accused No. 3 Ashok Mahajan as director of accused No. 2. Both the cheques were bounced and dishonoured on the ground 'funds insufficient'. The complainant on this got served notice on accused No. 1 M/s Mahajan Tanners Ltd., and after waiting for fifteen (15) days, filed the criminal complaint.