SUBHASH BHAN Vs. J M D EXPORTS

JUDGEMENT

(1.) THIS revision is directed against an order dated 16. 7. 1992 passed by Shri B. S. Rajpoot, Chief Judicial Magistrate, Farrukhabad in Case No. 138 of 1992 dismissing the complaint against the respondents under section 138, Negotiable Instruments act.

(2.) THE parties to this revision were having business dealings. Some cheques were issued by the respondents, M/s. J. M. D. Exports as a consideration for purchase of the goods from Subhash Bhan, the applicant herein. Cheque dated 23. 9. 1991, which was for a sum of Rs. 1,00,000/-, when presented to the bank was dishonoured on 21. 9. 1991, cheque dated 26. 12. 1991, for Rs. one lac was dishonoured on 21. 12. 1991, cheque dated 27. 9. 91 for Rs. 51,190,59 was dishonoured on 21. 12. 1991 while cheque dated 28. 9. 1991 for a sum of Rs. 1,13,016. 50 was dishonoured on 21. 12. 91 with the remark- 'amount not arranged. '

(3.) NOTICE as required was sent by the complainant party to make payment within 15 days by registered post, but the accused did not make any payment. Meanwhile, those cheques were again presented to the bank but they were also dishonored with the same remarks. Thereafter, a complaint under section 138 of the Negotiable Instruments act was filed by the complainant, Subhash Bhan, against the accused persons.