SARDUL SINGH Vs. DAYAL SINGH

JUDGEMENT

(1.) In the present application the petitioner has prayed for quashing of the proceeding being Case No. C-236 of 1992 under section 406/407/411 of the Indian Penal Code pending in the Court of learned Judicial Magistrate, 9th Court, Alipore.

(2.) On the basis of a complaint filed by the present opposite party No.1 the aforesaid proceeding was initiated. In the petition of complaint it was alleged that the accused persons contacted the complainant and requested him to let out to them 6 trailors on hire. The rate of hire charge was settled at 25,000/- per trailor per month and accordingly 6 trailors were let out to the accused persons on monthly hire basis. It was further alleged that the accused issued a cheque of Rs. 3,00,000/- on 30.6.99 but the same was not enchased on presentation in the Bank. It was alleged that an amount of Rs. 14,80,000/- has fallen due from the accused persons, who refused to pay such amount.

(3.) On the petition of complaint the learned S.D.J.M. Alipore took cognizance of the offence and transferred the case to the file of learned Judicial Magistrate, 9th Court, Alipore for disposal. The learned Magistrate thereafter examining the complainant and his witnesses issued process against the accused persons.