NABA SHARMA Vs. KORANGANI TEA COMPANY PVT LTD

JUDGEMENT

(1.) Heard Ms. S. Sarma, learned counsel for the petitioner. Also heard Mr. M. Khataniar assisted by Mr. J. Deka, learned counsel for the respondent.

(2.) By this petition under Sec. 482 Cr.P.C., the petitioner has prayed for quashing of the proceedings in Complaint Case No.2654C/2016 under Sec. 138 of the Negotiable Instruments Act, 1881 (for short 'N.I. Act'), pending in the Court of learned Chief Judicial Magistrate, Kamrup(M) at Guwahati.

(3.) The case of the prosecution, in brief, is that the accused company, namely Annada Tea Company (P) Ltd. represented through its Managing Director, Naba Sharma (the petitioner herein) requested the complainant company, namely M/s Korangani Tea Company Pvt. Ltd. for financial assistance to tide over acute financial crisis faced by the accused company. The complainant company, upon good will and good relation prevailing between the two companies agreed to provide financial help to the accused company. The Director of the accused company by communication, dtd. 17/12/2014, wrote to the complainant company seeking financial assistance and assured that if any financial assistance is received, the same will be adjusted against supply of green tea leaves from the Kaliapani T.E. owned by the accused company within the season for the year 2015. Accordingly, the complainant company (respondent herein) deposited an amount of Rs.23,60,000.00 (Rupees Twenty Three Lakhs Sixty Thousand) to the account of the petitioner, the Managing Director of Annada Tea (P) Ltd. by various cheque payments drawn on United Bank of India and the petitioner took personal guarantee to return the money if the same is not adjusted by supply of green tea leaves within the season year, 2015. However, the accused company failed to supply green tea leaves to the tune of the total amount Rs.23,60,000.00. To adjust the debts against the complainant company, the accused company issued various bills dated, 6/7/2015, 21/6/2015, 2/6/2015, 20/5/2015, 4/5/2015 for supply of green tea leaves to the complainant company and adjusted amounts received in the account of the petitioner towards the advance payment of Rs.23,60,000.00. The last bill sent to the complainant company was dtd. 6/7/2015, wherein Rs.2,50,000.00 advanced to the petitioner was adjusted and balance was Rs.12,60,000.00. After calculation, the complainant company found that total amount of Rs.10,16,106.25 was found as outstanding amount towards supply of green tea leaves.