INDERJEET BHATIA Vs. STATE OF U P

JUDGEMENT

(1.) - This revision has been preferred against the order dated 29. 11. 91 whereby the Munsif-Magistrate V, Kanpur, has summoned the applicants under Sections 138 and 141 of the Negotiable Instruments Act and Section 420 of the Indian Penal Code, in case crime No. 1477 of 1991, to stand their trial. The opposite party No. 2 filed a criminal complaint against the applicants. Applicant no. 5 is a firm known as M/s. S. K. Industries of which applicant Nos. 1 to 4 happen to be the partners the firm is situate in Sector 1, Industrial Area, Parwanoo, himachal Pradesh.

(2.) IN brief, the complaint allegations are that the applicants entered into a business deal with opposite party No. 2, M/s. Bharat Berg Ltd. , Gwaltali, Kanpur, which on demand by the applicants, supplied certain C. P. /c. C. Bhoots but they committed default in payment of price of the goods supplied in spite of several reminders made in that regard. Ultimately, Sri. N. K. Mantri, an employee of opposite party-firm, was deputed by opposite party No. 2 to approach the applicants and settle the accounts, which were settled with the applicants on 11. 7. 91. The applicant Rajesh Bhatia handed over a cheque of Rs. 8,98,178/- to Sri N. K. Mantri the same day in acquitance of dues under the signature of applicant No. 1. That cheque was presented in the Bank at Kanpur on 16. 7. 91 but it was dishonour d on 22. 7. 91 with the remark "arrangement exceeded", meaning thereby thrt the cheques issued was for the amount more than what was available in the account of the applicants. Thereafter notices were sent by the Secretary of the opposite party No. 2 to the applicants on 27. 7. 91. Applicant No. 1 received that notice but the notices of other applicants were returned with the endorsement "out of Station". The notices were then again sent to them but this time too the same were returned with the remark of the postal department "left without address". Thereupon the opposite party No. 2 filed a criminal complaint in the Court of Munsif magistrate, Kanpur and in support of that complaint the complainant examined himself under Section 200 Criminal Procedure Code and Sri S. K. Maheshwari and sri N. K. Manutri under Section 202 Criminal Procedure Code.

(3.) THE learned magistrate after perusing the contents of the complaint and the statements of the witnesses recorded under Sections 200 and 202 Criminal Procedure code was satisfied that a prima-facie case was made out against the accused-applicants and consequently he summoned them by the impugned order to stand trial.