SAI TRADING COMPANY Vs. BINJU SANA EXTRACTIONS LTD

JUDGEMENT

(1.) These are the applications filed under Section 482, Cr.P.C. to quash the proceedings in C.C.Nos. 276/94 and 277/94 on the file of the II Metropolitan Magistrate, Hyderabad. The petitioner in both these petitions is the 1st accused and the 1st respondent in both the petitions is the complainant in both the cases. As the parties are common and as the relief sought for is also common, both the petitions are being disposed of by a common order.

(2.) The facts in brief are as follows: The 1st respondent herein supplied 1 tanker load of R.B. Oil to the petitioner herein on 2-3-1994 from its factory through lorry No. AAC 4406. The total consideration of the consignment is Rs. 2,34,170/-. At the time of dealings, the petitioner issued two post dated cheques i.e., cheque bearing No. 762974, dated 4-5-1994 for a sum of Rs. 1,00,000/- and cheque bearing No. 722975, dated 6-5-1994 for a sum of Rs. 1,32,315/-. These cheques were issued by the second accused (non-petitioner) who is a partner of the petitioner herein. Both the accused received the said oil tanker at Madras and acknowledged the same. The said cheques were drawn on United Bank of India, Madras branch. When these cheques were presented, by the 1st respondent, through his Bank, State Bank of India (Industrial Finance Bank, Somajiguda, Hyderabad) for clearance on 9-5-1994 and 13-5-1994, both the cheques were dishonoured by the United Bank of India, Madras branch and returned the same with an endorsement of "insufficient funds in the account of the accused". The said bank also issued a memo to that effect and the same was received by the complainant on 13-6-1994 due to postal and other communication delay. Thereafter, the 1st respondent got issued a legal notice, dated 26-6-1994 as per the provisions of Negotiable Instrument Act (hereinafter called 'Act') and requested for payment of the dishonoured cheques. Both the accused received the said legal notice on 6-7-1994 and failed to make the payment. The 2nd accused gave a false reply notice dated 11-7-1994. Thereafter, the 1st respondent filed the compiaint against both the petition and another and the same have been taken on file as C-C.No. 276/94 and C.CNo. 277/94. C.C.No. 276/94 relates to the dishonoured cheque bearing No. 762974, dt. 4-5-1994 and C.C.No. 277/94 relates to the dishonoured cheque bearing No. 7262974, dated 6-5-1994. The 1st accused firm has come up with these applications to quash the proceedings in the said cases.

(3.) Heard both sides.