AMBESH BALWAPURI Vs. CONTINENTAL CARBON INDIA LTD

JUDGEMENT

(1.) Heard learned counsel for the petitioner and Learned A.G.A.

(2.) This petition has been presented for quashing the criminal complaint case No. 1208 of 2005, Continental Carbon India Ltd. v. Betul Tyre & Tube Industries Ltd. and two Ors.

(3.) The precise facts giving rise to this petition are that the opposite party has filed the aforesaid criminal complaint case against the petitioner for the offence punishable under Section 138 Negotiable Instruments Act, alleging that the aforesaid two companies had entered into the business transactions for certain supply of materials by the complainant to the accused company on credit. The supply was made and towards part payment as many as four cheques, as detailed in para-5 of the complaint (Annexure-1), were issued by the company. The complainant-company presented it to its banker for the payment by transfer of the amount from the account of accused company but those cheques were bounced. The complainant company received the cheques back from its banker where-after it reported these facts to the petitioner company on 4.3.2005 through a statutory notice under proviso (b) to Section 138 of the Negotiable Instruments Act. It was given by the complainant to the accused company on 29.3.2005 through registered AD post. Since the notice sent, as such, was not received back by the complainant, its service was presumed by 31.3.2005. No payment was also received thereafter by the complainant and hence the criminal complaint was filed on 12.5.2005.