BHARAT ENTERPRISES Vs. JOCIL LTD

JUDGEMENT

(1.) This is an application filed under Section 482, Cr.P.C. to quash the proceedings in C.C.No. 63/94 on the file of the VII Addl. Munsiff Magistrate Court, Guntur.

(2.) The facts in brief are as follows: The 1st respondent herein is a registered Company selling Glycerine through its depot at Bombay. The 1st petitioner is the firm, and 2nd petitioner is its proprietor and they are having dealings with the 1st respondent in purchasing the Glycerine. With respect to the amount due to the 1st respondent, the petitioners herein issued three cheques bearing Nos.

(3.) Cheque No. 457232, dated 15-12-93 for Rs. 1,00,000/- Rs. 2,50,000/- The said cheques were issued towards part payment of the debt due to the 1st respondent on the Union Bank of India, Bombay. The said cheques were presented to the Union Bank of India through the Andhra Bank Main Branch, Guntur for encashment. But the said cheques were dishonoured by the Union Bank of India, with an endorsement "Sales Tax Notice" and the same was intimated to the 1st respondent by the Andhra Bank through its letter, dated 3-3-94. The 1st respondent, thereupon, issued a registered notice through his advocate on 17-3-1994 to the petitioners herein demanding payment of the amounts coveredby the cheques. In spite of the saidnotice, the petitioners failed to pay the amount. Hence, the 1st respondent filed the complaint in C.C. No. 63/94 against these petitioners for the offence punishable under Sections 138 and 142 of the Negotiable Instruments Act. 3. It may also be stated here that the petitioners-accused filed Crl.M.P. No. 1256/96 before the trial Court for their discharge on the ground that they could not make the payment because their bank account was attached by the Sales Tax Authorities and as there was no fraudulent intention on their part. That petition was contested by the 1st respondent-complainant. The learned Magistrate by his order, dated 26-11-1996, dismissed that application. Thereafter, the petitioners-accused have come up with this application under Section 482, Cr.P.C. to quash the said proceedings.