ANWAR ALI Vs. STATE OF U P

JUDGEMENT

(1.) HEARD Sri D. K. Dewan, learned Counsel for the applicant, Sri Ratnesh Khare, learned Counsel for opposite party No. 2 and the learned A. G. A. appearing for the State.

(2.) THE applicant has been summoned on the basis of a complaint under sections 417, 420, 468, IPC filed by opposite party No. 2 by the C. J. M. , varanasi in Criminal Case No. 3544 of 2001 M/s. Sardar Fashion v. Anwar ah, proprietor: The allegations in the complaint were that the complainant who was a dealer in 'saris' and other cloth, had supplied goods wroth Rs. 1,07,000/- and odd to the applicant's firm on 4. 7. 2000. The goods were supplied as the applicant had met the complainant on many occasions and satisfied him about his bona fide in paying for the goods. In lieu of the goods the applicant gave the complainant 4 cheques, of Rs. 12,000/- and odd, rs. 24,000/- and odd, Rs. 27,000/- and odd and Rs. 43,000/- and odd dated 21. 10. 2000. These cheques were drawn on a branch of Bank of Baroda, mumbai.

(3.) THE complainant deposited the said cheques in his account in a branch of Central Bank of India, Varanasi for clearance. However, the cheques were dishonoured as the applicant had asked his bank at Mumbai to stop payment on the cheques. The complainant waited for a long time for the applicant to make payments on the cheques and also contacted him on several occasions on the telephone. But the payments were not made. The complainant even sent a notice on 27. 3. 2001 to the applicant under section 138 of the Negotiable Instruments Act. But in pursuance of a conspiracy the applicant did not permit the said notice to be effected on him. Thereafter, the applicant made no efforts to make the payments on the aforesaid amount. The entire actions of the applicant were made with a dishonest intention to procure the goods from him without payment.