RADHAKISHAN DALMIA Vs. NARAYAN

JUDGEMENT

(1.) This petition under S.482 of the Criminal Procedure Code, 1973, (for short 'the Code') is directed against the order dated 5-8-1986 passed by the Judicial Magistrate first Class, Barwah in Criminal Case No. 567/86 whereby under S.204 of the Code, he has ordered issue of process against the petitioner in respect of an offence under S.420 of the I.P.C.

(2.) Circumstances giving rise to the petition are these. The non-applicant No. 1 filed a complaint against the petitioner complaining that he has committed an offence under S.420 of the I.P.C.

(3.) According to the non-applicant 1 the petitioner on 28-2-83 purchased, on credit, cotton worth Rs. 90,178.20 p. It was agreed that the entire price shall be paid within 30 days of the transaction. Subsequently a postdated cheque for Rs. 90,000/- payable by or after 12-4-83 was sent. When the same was presented for encashment it was dishonoured by the bankers as the payment of the cheque had been stopped by the petitioner. Later on 4-6-1983 and 25-7-83 the non-applicant 1 in all received Rs. 40,178.00 towards the price of the cotton supplied. Rs. 50,000/-, the balance of price still remain unpaid.