RIKHAB CHAND Vs. STATE OF U P

JUDGEMENT

(1.) THIS is an application under Section 482 Cr. P. C. for quashing the summoning order Annexure '3' dated 19. 8. 1991 passed by the Chief Judicial magistrate, Aligarh by which the accused applicants have been summoned to answer a charge under Section 420 IPC and under Section 138 of Negotiable Instruments Act.

(2.) THE brief facts of the case according to complaint S. A. '1' are that M/s. Ajai trading Co. , opposite party No. 2 is engaged in the business of selling foodgrains. The firm entered into an agreement to supply wheat to the accused-applicants through Broker suresh Chand and Sons opposite party No. 3. Wheat worth Rs. 5,03,784. 50 was supplied by the complainant out of which Rs, 1,40,000/- was paid and the remaining sum of Rs. 3,63,784. 50 remained unpaid. In part payment of that amount the accused gave two cheques of Rs. 25,000/- each. The number of these cheques are 708778 and 708779. These cheques were presented by the complainant through his banker but the cheques were dishonoured and were returned to the complainant on 4. 4. 1991 and 15. 4. 1991.

(3.) THE complainant issued a notice on 9. 4. 1991 and another notice on 29. 4. 1991 through his advocate, Suresh Chand under Section 138 (b) of Negotiable Instruments act. These notices were served on the accused on 15. 4. 1991 and 3. 5. 1991. However, the accused failed to make payment of the amount within fifteen days of the receipt of notice and no payment was made till the filing of the complaint. This complaint was filed by opposite party No. 2 on 27. 5. 1991.