DEEPAK MITTAL Vs. JUD CEMENTS LIMITED

JUDGEMENT

(1.) Heard Mr. P. Nongbri, learned counsel for the petitioner. Also heard Mr. K. Paul, learned Senior counsel assisted by Mr. S. Khyriem, learned counsel for the respondent.

(2.) This application under Sec. 482 Cr.P.C has been filed praying for setting aside and quashing of the criminal complaint bearing CR Case No.3/2018 and impugned orders dtd. 30/10/2018 and 20/11/2018 passed therein by the Additional Deputy Commissioner (J), East Jaintia Hills District, Khliehriat.

(3.) The notable facts of the case are that the respondent M/s Jud Cements Limited had vide purchase order dtd. 21/3/2016 placed an order before M/s Mittal Alloy Casting Company, wherein the petitioner is a partner, for supply of Grinding Media Balls to the tune of Rs.55,36,687.00. On 31/3/2016 the respondent issued four post dated cheques dtd. 7/5/2016, 10/5/2016, 17/5/2016 and 13-052016, all from IDBI Bank Guwahati, Assam in favour of M/s Mittal Alloy Casting Company amounting to Rs.55,36,687.00 in total as a financial security for the order. Thereafter, the petitioner company supplied the grinding media ball to the respondent and, accordingly, issued sale invoices dtd. 9/4/2016, 15/4/2016 and 25/4/2016. On receipt of the materials, the respondent made a part payment of rupees 5 (five) lakhs on 9/5/2016 to the petitioner company vide RTGS. On 7/6/2016, the respondent made another part payment of rupees 3 (three) lakhs vide RTGS. Since the respondent did not make any further payment, on 20/6/2016 the petitioner deposited all the cheques, which were received as financial security from the respondent, to the Union Bank of India, Raigarh. All the cheques were dishonoured because of insufficient funds in the account of the respondent. Thereafter, the petitioner issued a legal notice dated 0707-2016 to the respondent demanding payment of dues of Rs.46,28,260.00 within a period of 15 (fifteen) days from the date of the receipt of the said legal notice. However, the respondent did not come forward to make any payment even after the lapse of 15(fifteen) days. Consequently, the petitioner filed a complaint case being Criminal Case No.214 of 2017 under Sec. 138 of the Negotiable Instrument Act, 1881 against the respondent before the Court of Judicial Magistrate, First Class, Raigarh, C.G. The case was registered vide order dtd. 9/5/2017 and on being aggrieved by the said order, two revision petitions were filed being Criminal Revision No.161 of 2018 and Criminal Revision No.162 of 2018 by the respondent and different directors of the respondent-company. The learned Court of the Additional Sessions Judge, Raigarh, CG after hearing the parties vide order dtd. 7/9/2019 dismissed both the aforesaid revision petitions.