MOHINDER KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS is a petition Under Section 482 of the Code of Criminal Procedure preferred by Mohinder Kumar who stands arrayed as an accused in a criminal trial Under Section 406 of the Indian Penal Code before the Judicial Magistrate, 1st Class, Gidderbaha.

(2.) THE undisputed facts which emerge from the petition are that the petitioner is one of the partners of the firm styled as M/s. Bagh Rai Lal Chand, Malout Mandi. The firm entered into an agreement with the Punjab Saltpetre Refinery Limited, Ferozepur City, copy of which is annexure P-1 to the petition. In terms therewith the said firm (hereinafter referred to as the petitioner's firm) became a preferred dealer. The petitioner's firm undertook to reach certain targets in the matter of sale of pesticides and insecticides. A cash discount was also allowed to the petitioner's firm on the gross bill value of the goods of all trade sales. Supplies of the goods were expected to be made by documents and through Bank deals. In course of time the petitioner's firm was supplied pesticides/insecticides. Running payments were made by the petitioner's firm of amounts and in particular through three cheques of Rs. 5,000 each dated 10-11-1977, 25-11-1977 and 23-5-1978. These cheques were dishonoured. The balance struck disclosed that the petitioner's firm own owed Rupees 45,564/4 to the Refinery.

(3.) THE Refinery through its Chief Executive gave letter, copy of which is Annexure P-2 to the petition, to the Senior Superintendent of Police, Faridkot complaining against the petitioner's firm in the following language: