RADIKAL FOODS LIMITED Vs. STATE OF U. P.

JUDGEMENT

(1.) This application under Sec. 482 Cr.P.C. has been preferred for quashing of entire proceedings of Complaint Case No. 359 of 2017, Kanhaiya Lal Vs. Radikal Overseas Pvt. Ltd. (now Radikal Foods Ltd.) and others, pending in the Court of Additional Chief Judicial Magistrate, Court No.6, Aligarh, under Sec. 138 of Negotiable Instruments Act, 1881, P.S. Chharra, Aligarh as well to quash the summoning order dtd. 30/6/2017 passed in above stated case.

(2.) Heard Sri Deepak Kumar Jaiswal, learned counsel for applicants, Sri Akhilesh Kumar, learned counsel for opposite party no.2 and learned AGA for State.

(3.) The facts of the matter in brief are that the applicant no.1 is a registered company and applicant no.2 and 3 are Director of said company and that they are responsible for duties and rights pertaining to the company. The applicants have authorised the opposite party No.2 for purchase of paddy from 'mandi' and thereafter the opposite party no.2 Kanhaiya Lal has purchased huge quantity of paddy and supplied the same to the applicant's company. The applicant company used to pay the consideration amount through cheques against the supply of paddy made by opposite party no.2/ complainant and accordingly the said company has issued a cheque no. 069167 dtd. 20/12/2016 of State Bank of India for a sum of Rs.50,00,000.00 in favour of opposite party No. 2 towards purchase and supply of paddy. The opposite party no.2 presented the said cheque in his bank for encashment of the same in his account but the said cheque was dishonoured vide bank memo dtd. 15/2/2017, as the applicants have closed the account. The opposite party no.2 issued a notice dtd. 16/2/2017 to the applicants asking for payment of cheque amount but neither any reply was given nor the payment was made. Thereafter, the impugned complaint was filed by the opposite party No. 2 against applicants under Sec. 138 of Negotiable Instrument Act. The opposite party no.2/ complainant was examined under Sec. 200 Cr.P.C. and he has filed the relevant documents like copy of cheque/memo of bank, copy of notice and postal receipt. The learned court below summoned the applicant Nos. 2 and 3 under sec. 138 of Negotiable Instrument Act vide summoning order dtd. 30/6/2017.