SAI STONE PROPRIETORSHIP FIRM Vs. MARSMAN INDIA LTD.

JUDGEMENT

(1.) This miscellaneous criminal case has been instituted on an application under section 482 of the Code of Criminal Procedure, 1973 for quashing the complaint filed by the respondent/complainant Marsman India Limited against the petitioner/accused Sai Stone Proprietor Firm under section 138 of the Negotiable Instruments Act.

(2.) Learned counsel for the accused has invited attention of the Court to the communication addressed by accused to the complainant dated 11.04.2014; wherein, there was a condition that if the accused failed to submit Form 'C' within time, the complainant would be free to present the cheque in the sum of Rs. 85,897.00 to the Bank for encashment and take legal action against the accused. Learned counsel for the petitioner has also invited attention of the Court to paragraph no.10 of the complaint; wherein, an averment has been made by complainant to the effect that accused failed to issue Form 'C' till the end of May, 2014. It has further been averred in paragraph no.10 that complainant repeatedly requested for issuing the same but accused failed to honour the request and finally asked complainant to present the above mentioned cheque to the Bank for its realization.

(3.) It may be noted in this regard, whether accused was prepared to issue Form 'C' within stipulated period, is a question of fact which cannot be adjudicated upon in a petition under section 482 of the Code of Criminal Procedure, 197 It would require evidence, which can only be adduced in a trial. In aforesaid circumstances, this petition under section 482 of the Code of Criminal Procedure, 1973 is not maintainable.