PADMESH S/O DEVDUTT GUPTA AND OTHERS Vs. TIRUPATI NATURAL RESOURCES AND INFRA PRIVATE LIMITED AND ANOTHER

JUDGEMENT

(1.) The petitioners have filed the present petition under Section 482 of the Code of Criminal Procedure being aggrieved by the order dated 16.11.2018 passed in Criminal Complaint Case No.246/2017, whereby they have been directed to deposit 20% of the cheque amount within a period of 60 days in exercise of power conferred under Section 143-A of the Negotiable Instruments Act to the Trial Judge.

(2.) The Respondent No.1/complainant has filed the complaint against the petitioners under Section 138 of the Negotiable Instruments Act in respect of Cheque No.569332 dated 18.08.2017 issued for the payment of Rs.4,04,32,400- 00. The said cheque was presented in Union Bank of India, Mhow Branch and the same was returned unpaid on 19.08.2017 due to insufficient funds in the account of the present petitioners.

(3.) After receipt of legal notice of demand when the amount was not paid, then the complainant filed a complaint case under Section 138 of the Negotiable Instruments Act on 04.10.2017. After service of summons, the present petitioners appeared before the Court and filed an application seeking exemption from appearance. On 16.11.2018 the charge under Section 138 of the Negotiable Instruments Act has been framed and read-over to the present petitioners. They abjured the guilt and pleaded for trial. They denied the documents filed along with the complaint and sought permission for cross-examination of complainant and his witnesses. The right of defence and cross-examination was granted to them. The complainant was directed to give the evidence on the next date of hearing. By the same order, the learned Court has directed the present petitioners to deposit 20% of the amount of the cheque as required under Section 143-A of the Negotiable Instruments Act. Being aggrieved by the aforesaid condition, the present petition has been filed before this Court.