MUKESH GUPTA Vs. KABSONS GAS EQUIPMENT LTD

JUDGEMENT

(1.) These two Criminal Petitions are filed by one Mukesh Gupta - Accused No. 14 in C.C-No. 1814/98 and C.C.No. 1321 of 1998 on the file of XXIII Metropolitan Magistrate, City Criminal Courts, Hyderabad.

(2.) The 1st respondent-complainant filed the above cases stating that the petitioner - Accused No. 14 also had committed the offence under Section 138 r/w Section 142 of the Negotiable "Instruments Act, 1881, in short hereinafter referred to as "Act". The allegations made in C.C.No. 1814/1998 are to the effect that the 1st respondent-Accused No. 1 Company, represented by Accused No. 2, availed bill discounting facility with the 1st respondent to a tune of Rs. 25,00,000/- and requested the 1st respondent for discounting the bills of M/s. Sun Farm Dairies - Accused No. 5, for Rs. 25,00,000/- for a period of 90 days which has fallen due or payment on 20-4-1997. It is further alleged that the accused had executed a promissory note dated 20-1-1997. It was also averred that the 1st respondent paid a sum of Rs. 25,00,000/- and towards discharge of its liability the Accused No. 1 Company issued a cheque for a sum of Rs. 25,00,000/- which was returned on the ground of "Funds insufficient".

(3.) The allegations in C.C.No. 1321/98 also are substantially the same, except for the difference of amount of Rs. 30,00,000/-.