BISWANATH AGARWALLA Vs. STATE

JUDGEMENT

(1.) This Rule relates to an order dated the 2nd of July, 1974 passed by the Metropolitan Magistrate, 3rd Court, Calcutta whereby the learned Magistrate framed charges in case no.G.R. 521 of 1973 under section 420 I.P.C. and section 420/109 I.P.C. against the petitioners.

(2.) The prosecution case is that during November, 1970 to February, 1971 the petitioners representing Calcutta Cycle Importing Company of 80D, Bentinck Street, Calcutta had numerous transactions with T.I. and M. Sales Limited in respect of cycles components and other accessories. In course of the transaction goods were supplied to the petitioners against cheques. The goods were sent from Madras to the Branch Office of the T.I. and M. Sales Limited, hereafter referred to as the complainant company. The delivery orders were handed over to the petitioners against cheques with instruction to present the cheque for encashment at a future date. In course of the aforesaid transaction some cheques were encashed but many others were dishonoured. The complainant company pressed for payment of the outstanding cheques and declined to make over further goods. Thereupon the petitioner, Promode Kumar Agarwalla, in March, 1971, entreated the complainant company's agent to allow him a little further time and assured full payment of the outstanding cheques. On his assurance that cheques would be fully honoured after the 30th of April, 1971 and on his representation, further delivery orders of the goods were made over to the petitioners on 16th of March, 1971 and 26th of March, 1971 against receipt of two cheques, both dated the 30th of April, 1971 for Rs.1,816.40 Rs.1,413.30 respectively which were signed by Sri Biswanath Agarwalla. The cheques were presented on the 4th of May, 1971 for encashment but were dishonoured.

(3.) It appears that endeavours were made by the complainant to contact the firm of the petitioners but it was found that the business of Calcutta Cycle Importing Company at 80D, Bentinck Street, Calcutta was closed and all stocks removed.