VANDANA GUPTA Vs. STATE OF ODISHA

JUDGEMENT

(1.) The present petition by Vandana Gupta (Petitioner No.1) and her husband Pritish Gupta (Petitioner No.2) seeks the quashing of an order dtd. 18/6/2008 passed by the learned Sub- Divisional Judicial Magistrate (SDJM), Sadar, Cuttack taking cognizance of the offence under Ss. 138 of the Negotiable Instruments Act, 1888 (NI Act) and Sec. 420 of the Indian Penal Code (I.P.C.) in Complaint Case No.ICC 272 of 2007 filed by Opposite Party No.2.

(2.) CRLMC No.731 of 2008 is filed by the company i.e. M/s. Protection Manufacture Pvt. Ltd. (Petitioner No.1), Pritish Gupta (Petitioner No.2) and Vandana Gupta (Petitioner No.3) assailing the order dtd. 24/3/2007 passed by the S.D.J.M. (Sadar), Cuttack directing the complaint petition to be sent to IIC, Madhupatna for investigation under Sec. 156(c) of the Code of Criminal Procedure, 1973 (Cr.P.C.).

(3.) The background facts are that M/s. Protection Manufacture Pvt. Ltd. (PMPL), is a company engaged in the manufacture of air coolers and electrical goods. It placed orders for different types of cardboard boxes required for packaging different types of air coolers with M/s. Utkal Packaging Industry Opposite Party No.2 (complainant) who delivered the goods with effect from 19/2/2005 to 9/4/2005. The total value of the goods supplied was Rs.2,79,542.00.