ANILKUMAR AMARCHAND Vs. PRANAV ALKESHBHAI TRIVEDI AND ANOTHER

JUDGEMENT

(1.) This application has been filed by the applicant/accused no.2 under section 482 of the Code of Criminal Procedure, 1973 (for brevity "Cr.P.C.") praying to quash and set aside the complaint, being C. R. No. I- 5 of 2009 registered with CID Crime, Gandhinagar Zone Police Station, Gandhinagar for the offence punishable under Sections 406, 420, 114 of the Indian Penal Code and all the subsequent proceedings arising therefrom.

(2.) Brief facts of the impugned complaint are that the complainant Company is a dealer in Hardware, whereas the accused no.1 is a BPO company and accused no.2 and 3 are the Directors of the said Company and are persons responsible and liable in respect of its day-to-day affairs. That, the accused company being desirous of opening a Business Process Outsourcing Unit in Ahmedabad and represented itself before the complainant that the accused-Company was in urgent and regular need of large quantity of computer equipments and peripherals. Therefore, the accused no.2 approached the complainant-Company in that regard, and accordingly, as per directions received and being so called upon, the complainant-company provided Desktop Computers and Servers/Peripherals and for that on 20.08.2008, the complainant had issued to accused-company bills, bearing invoice no. 374 and 375 amounting Rs. 4,62,000=00 and Rs. 59,551/- respectively i.e.,. on 22.08.2008, the complainant company had issued Bill bearing invoice No. 383 amounting Rs. 7,40,670/-; on 01.09.2008, Complainant-company had issued Bill bearing Invoice No. 411 amounting Rs. 26,59,650/-; on 17.09.2008 complainant-company had issued bill bearing invoice No. 457 amounting Rs. 14,43,750/- for which the total outstanding amount comes to Rs. 53,65,621/-. That, towards part payment of the above total amount of outstanding legal dues, accused no.2, on behalf of the accused no.1, had issued cheque of Rs. 3,00,000/- bearing cheque No. 155106 drawn on HDFC Bodakdev Branch Ahmedabad, cheque for Rs. 3,00,000/-, bearing cheque of Rs. 3,00,000/- bearing cheque No. 135107 of HDFC Bank, Bodakdev Branch, Ahmedabad, cheque of Rs. 4,00,000/- bearing cheque No. 207413 of HSBC Bank Mardia Plaza Ahmedabad, cheque of Rs. 7,50,000/- bearing cheque No. 165970 of HDFC Bank at Bodakdev Branch, Ahmedabad, cheque of Rs. 5,00,000/- bearing cheque No. 135903 of ABN AMRO Bank Parimal Garden, Ahmedabad and cash payment of Rs. 6,15,620/- only and thereby, Rs. 28,65,620/- has stood duly discharged and in all the balance of Rs. 25,00,001/- still remains due and payable at the end of the accused. That, towards part payment of the said outstanding legal dues, the accused no. 1 to 3 had issued cheque bearing No. 135922 dated 06.04.2009 for the sum of Rs. 15,00,000/- and cheque bearing No. 135923 dated 16.04.2009 for the sum of Rs. 10,00,000/-. That, as per the promises and assurances given to the complainant, the complainant had deposited the cheque, bearing 135922 of ABN AMRO bank dated 06.04.2009 amounting to Rs. 15,00,000/- into the Bank of India, Panchwati Branch, Ahmedabad of the complainant, during its validity period had got dishonoured for reasons "Funds Insufficient" vide debit memo dated 10.04.2009. Thereafter, the complainant had deposited the cheque, bearing 135923 of ABN AMRO bank dated 16.04.2009 amounting to Rs. 10,00,000/- into the concerned bank during its validity period which got too dishonoured for reason "Funds Insufficient" vide debit memo dated 17.03.2009. In this connection, the complainant initiated legal procedure by issuing notice and that is how the impugned complaint has been filed.

(3.) Heard learned advocate Mr. Aditya Choksi for Mr. Ajaykumar Choksi appearing on behalf of the applicants, learned advocate Mr. R.R. Marshall, Senior Advocate with Mr. Adil R. Mirza appearing on behalf of the respondent no.2 and learned APP Mr. K.L. Pandya appearing on behalf of the respondent no.1-State.