M C GUPTA Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) By way of this criminal application, the prayer has been made to quash the order of cognizance dated 4.2.1997 passed by the Civil Judge (Junior Division) Rishikesh in criminal complaint case No. 236 of 1996, M/s Prestige Lights Ltd. v. M/s Gupta Agencies.

(2.) Heard learned counsel for the parties and perused the material available on record.

(3.) Factual matrix, qua the controversy behind the entire episode, is that there were business terms between M/s. Gupta Agencies and M/s. Prestige Lights Limited. The latter manufactures the electric goods while the former was a dealer of M/s. Prestige Lights. Certain goods were supplied by M/s. Prestige Lights to M/s. Gupta Agencies and in consideration, as a price of those goods, a cheque No. QVJ/347109 dated 23.5.1995 was issued by M/s. Gupta Agencies to M/s. Prestige Lights Ltd. to the tune of Rs. 1.10 lacs. That cheque, while presented for encashment, was dishonoured by the bank concerned due to insufficiency of funds in the account of drawer of the same.