RAJINDER RATHI Vs. CAPSUGEL INDIA LTD

JUDGEMENT

(1.) THIS is a petition filed by the Petitioners (accused) under Section 482 Cr.P.C. for quashing the complaint Annexure P-5 of 1997 filed under Section 138 of the Negotiable Instruments Act, 1981 and also the summoning order vide which they had been summoned under the aforesaid Act by the Judicial Magistrate Ist Class, Chandigarh.

(2.) BRIEFLY stated, the facts are that M/s Capsugel India Limited, respondent-complainant, manufactured empty gelatine capsules. Sh. Harinder Singh is a Commercial Manager of the said Company. He has been authorised by the Company to file a complaint by the Board of Directors. The Petitioners (accused), who are the Executive Director and Managing Director respectively, purchased empty gelatine capsules from the respondent Company vide order dated 4.12.1996, which were supplied for the value of Rs. 1,54,752/- vide invoice No. 479 dated 11.12.1996 and the term of payment was 60 days by post-dated cheque. The petitioners had sent a cheque No. 850939 dated 16.2.1997 drawn on Canara Bank, Abid Road, Hyderabad and the same was not presented for encashment by the respondent as per instructions given by the petitioners from time to time. However, when the respondent presented the cheque for encashment, then it was dis-honoured as there was not adequate balance in the account. The bankers informed the respondent the cheque dated 16.2.1997 had been returned with the endorsement ("funds insufficient and recalled account"). Thereafter, the respondent requested the petitioners to make arrangement for the payment in respect of the material supplied but they did not make payment and ultimately it sent a legal notice through its counsel on 12.8.1997 through courier on 13.8.1997, which was received by the petitioners on 14.3.1997. However, the petitioners did not make the payment within 15 days and after waiting for 15 days the present complaint was filed within one month.

(3.) AGAINST the filing of the complaint and order of summoning for 25.5.1998, the present petition under Section 482 Cr.P.C. was filed by the accused.