ANIL KUMAR MODI Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The instant Revision Application by the petitioner-accused (hereinafter referred to as accused) under Section 401 and 482 of the Code of Criminal Procedure, 1973 (hereinafter shortened into Code) is directed against the order dated 28-11-89 passed by a Metropolitan Magistrate at Calcutta in G.R. Case No. 1735 of 1985 before him.

(2.) The accused had been prosecuted for alleged offences punishable under Section 420, I.P.C., in G.R. Cases Nos. 1735 and 1736 of 1985 on the basis of the petition of complaints filed by the complainants therein before the learned Additional Chief Metropolitan Magistrate at Calcutta under Section 156(3) of the Code.

(3.) The allegations in the aforesaid two cases, in short, is that the accused by making false representation to the complainants therein had induced them to supply him different quantity of cotton yarn valued at Rs. 1,16,006/- and Rs. 1,21,330.60 p. only respectively, on the plea of making payments therefor, in the circumstances stated in the petition of complainants, towards the letter part of November, 1984. But the accused has not paid therefor to any of the complainant as yet, and has thereby cheated them in respect of the aforesaid amounts. In the petition of complaint by Rajendra Kumar Jain on behalf of M/s. Napco Textiles, it had further been alleged therein that the accused had issued a cheque to the complainant for the sum of Rs. 1,16,006/- only which had been dishonoured by the Bank from time to time.