RAMESH PAHULRAJ MAKHIJA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By this Criminal Application the Applicant challenges the order dated 3rd January, 2004 passed by the learned Magistrate, 1st Class (A.C.) Court, Pune at Pune in Criminal Complaint No.538 of 2003 by which order the application filed by the Applicant, who is original accused No.6, for discharge/recalling the process came to be rejected.

(2.) The facts for filing the present Application in brief can be stated thus :-

(3.) As the accused did not make payment to Respondent No.2, Respondent No.2 filed a complaint before the learned Judicial Magistrate, Ist Class (A.C.) Pune being Criminal Case No.538 of 2003 against 7 accused including the Applicant for offences under Section 138 r/w 141 and 142 for the Negotiable Instruments Act. It is the case of Respondent No.2/Complainant that accused No.1 is a company with whom the complainant had entered into a lease contract. Accused No.2 is a authorized signatory and accused Nos.3 to 6 are the directors of the said company and accused No.7 is also understood to be in-charge of the affairs of the said company. It is the case of Respondent No.2 that the said company issued two cheques in favour of Respondent No.2 towards payment of quarterly lease amount of the computers and related equipment. Respondent No.2 deposited the said cheques with their bank, however, the said cheques were returned dishonoured with memo "insufficient funds". Respondent No.2 therefore sent a notice through advocate to the accused. However, the accused did not make payment. Therefore, Respondent No.2, as stated herein above filed the complaint against the accused. The learned Magistrate, after perusing the material on record, by his order dated 21/07/2003 directed to issue process against interalia the Applicant.