JANAK GANDHI Vs. MOHAN MANDELIA

JUDGEMENT

(1.) DISPOSAL of this petition shall also govern the disposal of connected case, Misc. Cri. Case No. 3915 of 2004, Janak Gandhi v. Mohan Mandelia and two Ors. ,.

(2.) THE brief facts of the case are that the present petitioner, who is Managing Director of a company, namely, M/s. O. T. G. Global Finance Company Ltd. , has filed the present petition under Section 482, Cr. PC challenging an order dated 3-8-2004 passed in Case No. 900/2004 whereby cognizance is taken against the present petitioner and other accused for committing offence under Section 138 of the Negotiable Instruments Act.

(3.) THE brief facts of the case are that the respondent No. 1 filed a complaint under Section 138 of the Negotiable Instruments Act on 11-6-2004 against the present petitioner and other co-accused. It is alleged that respondent No. 1, the Company is owner of G. N. T. Television. It is further alleged that there was an agreement between respondent No. 1 and respondent Nos. 2 and 3 and the petitioner for carrying on cable television network in the city of Gwalior. The present petitioner carries on business of cable television network at Indore. A memorandum of undertaking was also entered into between the parties. As per the said agreement respondent No. 1 invested Rs. 42. 46 lakhs while the petitioner invested Rs. 17. 03 lakhs in the said business. There was some dispute between the parties and it was agreed upon that a sum of Rs. 31. 96 lakhs will be paid to the petitioner by respondent No. 1. Towards this payment a cheque for Rs. 20 lakhs bearing Cheque No. 532357, dated 16-3-2004 was issued against State Bank of India, Branch Guna, was delivered to respondent No. 1. The said cheque was deposited for collection by respondent No. 1 in his bank account. The said cheque was returned on 2-5-2004 with a memo of insufficient fund. Respondent No. 1 alleged that a notice dated 9-5-2004 was issued to the petitioner and respondent Nos. 2 and 3 about the dishonour of the cheque and a demand was raised for the said amount. Thereafter, a complaint under Section 138 of the Negotiable Instruments Act was filed. The Court below took cognizance of the said offence. Hence, this petition.