SRINIVASA TRADING CO Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This petition is filed under section 482, Cr.P.C. to quash the proceedings in CC No. 376 of 1995 on the file of the VIII Metropolitan Magistrate, Vijayawada.

(2.) The facts in giving rise to the filing of this petition are, briefly, as follows :- It is mentioned in the complaint that the second respondent is the company and manufactures DAP and other fertilizers. The first petitioner is the firm represented by its Managing Partner, the second petitioner, and did business in the name and style of Sri Srinivasa Trading Company at Pamidipadu, Guntur District and the petitioners 2 and 3 are the partner of the first petitioner firm. It is further alleged that the company used to supply fertilizers and chemicals to the petitioners on credit and when the accounts were settled, the first petitioner issued a cheque for Rs. 2,92,072.62 ps. drawn on Andhra Bank, Vinumonda Branch along with a letter requesting to present the cheque in second week of May, 1993 and accordingly, they presented the cheque on 17-5-1993 with their Banker, Andhra Bank, Labbipet, Vijayawada for collection, the cheque was returned with an endorsement 'insufficient funds' on 25-5-1993 with a debit charge of Rs. 449.50 ps. towards bank charges. Then the complainant gave a phonogram to the first petitioner on the same day informing about the dishonour of cheque and demanded payment of the sum within fifteen days. Again on 31-5-1993, the complainant got issued another notice through advocate and it was returned on 1-6-93 with an endorsement that the accused left without instructions. Again the complainant after making enquiries got issued another notice under certificate of posting on 3-6-93 and all the accused gave reply with false and frivolous allegations denying the cheque. It is further alleged that the petitioners filed I.P. No. 17/93 on the file of the Sub-Court, Narsaraopet to declare them as insolvent persons and thus he sought to punish the accused.

(3.) Now the petitioners filed this petition to quash the proceedings.