BALWANT RAI Vs. SHIV NARAIN TANDON AND ANR.

JUDGEMENT

(1.) This is an application Under Sec. 561 -A Code of Criminal Procedure for quashing proceedings in Case No. 446 of 1964, Shiv Narain v/s. Ram Niwas, pending in the court of the Judicial Magistrate, Kanpur.

(2.) The case proceeded on a complaint filed by one Shiv Narain Tandon Under Ss. 403 and 420 IPC. The complaint was against two persons, Ram Niwas and the present Applicant Balwant Rai alleging that the Applicant had obtained double payment on the basis of two hundis in respect of a transaction for supply of 100 bales of cotton to Sakseria Cotton Mills, Ltd., Bombay. In paragraph 5 of the complaint it was alleged that the firm of accused Ram Niwas drew a hundi for Rs. 33,500/ - on M/s. Sakseria Cotton Mills, Bombay in respect of the price of 100 bales of cotton and endorsed it in favour of the firm of the Applicant Lalchand Balwant Rai. For reasons which are not clear the said hundi was considered defective and accused No. 1 Ram Niwas asked the complainant to make fresh payment himself. Thereupon accused No. 1 drew a hundi for Rs. 31,500/ - on the complainant and endorsed it in favour of the Applicant firm. The Applicant then presented the said hundi to the complainant at Kanpur and obtained on its basis Rs. 31,500/ - from him.

(3.) It appears that the Applicant had already obtained a sum of Rs. 33,500/ - in respect of the said transaction on the basis of the hundi drawn on Messrs Sakseria Cotton Mills, Bombay. It was therefore alleged that the Applicant had cheated the complainant by obtaining double payment in respect of one and the same transaction. Accordingly Ram Niwas and the Applicant were both prosecuted for offences punishable Under Ss. 420 and 403 IPC. The Magistrate after examining the complainant and his witnesses framed a charge against the accused. One of the accused, namely, Ram Niwas, moved this Court Under Sec. 439 for quashing the charge. That revision was dismissed by this Court on 15 -7 -1966 on the finding that there was sufficient material on the record to sustain the charge.