ZUARI CEMENT LTD Vs. PRABHAT AGENCIES

JUDGEMENT

(1.) The applicants/accused in C. C. No. 191/2002/c have invoked the jurisdiction of this Court under section 482 of the Code of criminal Procedure, 1973 (Code, for short) to quash and set aside the order dated 28-7-2004 of the learned J. M. F. C. , Panaji, issuing process against them under sections 403 and 420 I. P. C.

(2.) There is no dispute that the complainant in the said case and the accused/company had business dealings with the former purchasing cement from the latter, and as per the complainant he making regular payments for the said purchases. There is also no dispute that there was a dispute between the complainant and the said company as a result of which the complainant stopped purchasing cement from the said company.

(3.) According to the complainant he had a cash credit account with Goa urban Co-operative Bank Limited, Mala, Panaji and he had a cheque book facility to operate the said account and as he misplaced/lost the said cheque book issued to him by the said bank he wrote a letter dated 29-1-2002 to the said bank informing them about the loss of the said cheque book with a request not to allow any person to encash any cheques from the said cheque book, if presented. The complainant claimed that on 31-8-2002 he came to know that six cheques of Rs. 50,000/- each totalling to Rs. 3,00,000/- were presented at the said bank and as such by letter of the same date he informed the said bank that the said cheques were from the said cheque book which was lost by him earlier and regarding which he had informed them by letter dated 29-1-2002. On the said day, the complainant also lodged a complaint at Porvorim Police Station informing them that the accused/company was trying to cheat him by resorting to fraudulent legal means to extract money from him to encash the cheques.