R P AGRAWAL, DIRECTOR, KORO MANDAL CABLES PRIVATE LIMITED THROUGH N B R LIMITED Vs. SURAJ NARAIN, ASSISTANT MANAGER, POPULAR ENGINEERING AND FOUNDARY WORKS AND STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This is a petition under Section 482 Cr.P.C. against an order of summoning passed by Addl. Munsif Magistrate-III Gorakhpur.

(2.) The facts giving rise to the summoning of the applicant, were that the applicant had purchased some Machines from the Opp. Party firm, costing Rs. 32,500/-. Out of that a sum of Rs. 26,900/- was paid and the remaining amount remained unpaid. The applicant, however, gave two post dated cheques for Rs. 30,000/-, Rs. 13,000/- of United Commercial Bank with a request that the cheques be cashed after 3 months so that the applicant may provide fund in the Bank meanwhile, but for some unfortunate situation, the funds could not be deposited in Bank and the cheques bounced. The applicant had earlier written to the Opp. Party firm that since the funds could not be deposited in Bank, the cheques may not be presented in the bank and more time be given to the applicant to deposit funds in the Bank and copy of the same is attached as Annexure- A. Another letter dated 31.1.1983 was also sent with the same object. The applicant despite these letters, presented cheques in the Bank which resulted in their bouncing.

(3.) In the circumstances enumerated above, it is manifest that any intention of cheating or withholding payment on the part of the applicant cannot be inferred since the major part of the transaction amount had already been paid by him and he had issued post dated cheques and was making efforts to deposit funds in the Bank which for some reason he could not and he also wrote letters in this regard.