SHYAM SUNDAR Vs. LALA BHAWAN KISHORE

JUDGEMENT

(1.) This petition under S.482, Cr. P.C. is moved with the prayer that the criminal complaint No. 1174 of 1981 pending in the court of Munsif Magistrate, Sambhal, district Moradabad, may be quashed and further proceedings in that case may be stayed.

(2.) The complaint was filed for an action for the offences under Ss.415, 417 and 420, I.P.C. and the case of the complainant was that on 24-10-80 the petitioners went to their firm and purchased 61 bags of Khandsari sugar. The price was settled at Rs. 40395.14. A sum of Rs. 2,500/- was paid on the spot. Cheques for Rs. 30,000/- were also handed over and there is no dispute that they were duly encashed after words. Three further cheques were also issued for the amounts of Rs. 5,000/-, Rs. 6,000/- and Rs. 5,000/-, respectively. The payment of the first cheque was due on 7-9-81, of the second cheque on 7-10-81 and the third cheque on 7-11-81. They were presented to the bank concerned on 14-9-81, 22-10-81 and 13-11-81, i.e. after due dates and were dishonoured. Then a notice was given to the applicants informing them about the dishonour of the cheques and no satisfactory reply was received The contention of the complainant was that the petitioners were guilt of cheating and hence were liable to be prosecuted.

(3.) This case was taken up in the earlier part of the day on 2-12-88 and nobody appeared. It was again taken up after the revision of the list and Sri. G.P. Dixit, learned counsel for the applicants appeared and argued the case. There was nobody on behalf of opposite party No. 1. Learned counsel for the State was also heard. A long date for delivery of the judgement was given as the learned counsel for the applicants wanted to cite some law.