(1.) THIS is a petition under Section 482, Cr. P.C. for quashing the proceedings in complaint case No. 784/94 Dharampal Gupta v. G. S. Tyagi under Section 138 of Negotiable Instrument Act and Section 420 of the I.P.C., P. S. Kichha, District Nainital pending in the court of Munsif Magistrate Rudrapur Nainital.
(2.) RESPONDENT No. 2 filed a complaint in the Court of Munsif Magistrate, Rudrapur, District Nainital (Annexure! 7 to the petition). The main allegations are that the petitioner, who is Director of Meerut Agra Mills Ltd. purchased rice worth Rs. 11,82,825 in December, 1992 and issued two cheques in favour of the complainant (respondent No. 2). The first; cheque was for Rs. 6,32,825. The second cheque was for Rs. 5,96,300. The first cheque is not in dispute. The amount of the second cheque was not paid as the petitioner had closed his account in his Bank. On an information, a notice dated 15.10.93 was sent through his counsel to the petitioner calling upon him to make the payment within 15 days or face legal consequence. That was not done by the petitioner. Therefore, the aforesaid complaint was filed on 24.3.94 imputing mala fide and bad motive on the part of the petitioner.
(3.) THESE facts are not denied in this case. Therefore, if the petitioner stopped payment after receipt of an intimation that the goods or part of the goods were found to be unfit for human consumption, which information was naturally received after 12.7.93, it will not be just and judicially permissible to infer that even on the date of issue of the Cheque i.e. 12.7.93, the petitioner had a dishonest or mala fide intention not to make payment to the respondent No. 2.