ROSHAN LAL GUPTA Vs. STATE OF UP

JUDGEMENT

(1.) THIS is an application under Section 482, gr. P. C. to quash the proceedings of Criminal complaint Case No. 4745 of 2004, Om prakash v. Roshan. Lal and others, under section 138, Negotiable Instruments Act, police Station Shakti Nagar district Sonbhadra pending in the Court of the Judicial Magistrate /civil Judge (Junior Division), Duddhi, district sonbhadra.

(2.) THE facts relevant for disposal of this application are that the complainant O. P. No. 2 filed a complaint case against the accused applicants under Section 420, I. P. C. and Section 138, Negotiable Instruments Act, with these allegations that the complainant was supplier of Gitti and had supplied Gitti worth Rs. 4,87,483/- to M/s. . Technow consultants and Engineers Pvt. Ltd. , renukoot, Sonbhadra, which is a Company run by the accused persons. Authorised signatories of the Company issued a cheque of the above amount in favour of the complainant on 30. 4. 2004 and the cheque was for the last time presented in bank on 3. 9. 2004 but the Bank dishonoured the cheque for insufficient funds on 6. 9. 2004. Then the complainant gave a notice to the accused persons on 14. 9. 2004. The accused refused to take notice and did not make payment of the amount. The accused had dishonest intention from the very beginning to take supply of Gitti and not to make payment. The complainant tried to lodge a report at the police station on 4. 10. 2004 but the report was not written and then he filed this complaint on 11. 10. 2004.

(3.) ON the above complaint the learned magistrate recorded the statement of the complainant under Section 200, Cr. P. C. and of his witness Santosh Kumar under Section 202, Cr. P. C. Then he summoned the accused persons under Section 138, Negotiable instruments Act vide his order dated 19. 10. 2004. Aggrieved with that order the accused filed this application under Section 482, Cr. P. C. in this Court.