D.K. CHANDEL Vs. WOCKHARDT LIMITED

JUDGEMENT

(1.) D.K. Chandel, who is proprietor of M/s. Dinesh Enterprises, Main Bazar, Cheog, arrayed as accused No. 1 in the complaint filed by the respondent under Sec. 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as 'the Act'), has filed the present petition seeking quashing of the complaint dated 24.7.1999 and the summoning order dated 7.10.1999 passed by the Judicial Magistrate 1st Class, Bathinda.

(2.) Hie circumstances which led to the institution of present complaint need to be noticed in brief. The complainant -company deals in manufacturing of pesticides, weedicides etc. for boosting agricultural and horticultural produce etc. The petitioner -accused had been purchasing pesticides and weedicides on credit from the complainant company from time to time and making the payment to the company accordingly. On 30.4.1999 in order to discharge his liability, the petitioner issued an account payee cheque No. 233565 dated 30.4.1999 for Rs. 4,17,148/ -, which was drawn on State Bank of India, Cheog (Himachal Pradesh) in respect of his Account No. AGR IV 1600. When the complainant presented the cheque for encashment through State Bank of India, Bathinda Branch, the same was returned dishonoured with the remarks "Insufficient Funds" and "Refer to drawer" as per returning memo dated 20.5,1999. On receipt of the aforesaid memo, the complainant issued a registered notice through his Counsel on 9.6.1999. The payment was demanded which was not made by the petitioner -accused and for that reason the complainant filed the complaint in the Court.

(3.) In preliminary evidence, the complainant -Sachin Kalani examined himself as CW -1 and Ram Sarup as CW -2 in support of the allegations made in the complaint. Documents consisting of the authority letter Ex. CW -1, the original cheque Ex. CW -2, returning memo dated 20.5.1999 Ex. CW -3, endorsement of State Bank of India dated 20.5.1999 Ex. CW -4, copy of legal notice Ex. CW -5, postal receipt Ex. CW -6, receipts of purchase and sale of pesticides Exs. CW -7 and CW -8 were produced, on record. In view of the above stated evidence, the petitioner -accused was summoned to face trial under Sec. 138 of the Act as per order dated 7.10.1999 the Judicial Magistrate 1st Class, Bathinda. Hence, the present petition.