REENU KANT AND OTHERS Vs. SURYA KNITWEARS LTD

JUDGEMENT

(1.) Instant petition has been filed under Section 482 of the Code of Criminal Procedure for setting aside the order dated 10.1.2011 (Annexure P-6) whereby Judicial Magistrate Ist Class, Ludhiana has failed to dispose of the complaint under Section 138 of the Negotiable Instruments Act (in short 'N.I.Act') filed by the respondent as having been compounded.

(2.) Brief facts of the case are that respondent filed a complaint under Section 138 of 'N.I.Act' against the petitioners and Sh. Ranbir Singh, Director and Mrs. Geeta Singh, Director. It is averred in the complaint that respondent-complainant had supplied knitted cloths and hosiery items to accused no.1, a private limited company, worth Rs. 18,88116/-. The said amount is due towards the petitioners-accused inclusive of the amount due from Tripur office. In order to discharge the legal liability, petitioner no.1 issued cheques in favour of respondentcomplainant. The details of cheques and amount are as under: <FRM>JUDGEMENT_408_LAWS(P&H)9_2014_1.html</FRM>

(3.) When the cheques were presented by the respondent to its banker-Central Bank of India, Miller Ganj, Ludhiana, these were dishonoured and returned by the banker of the petitioners with memo dated 06.07.1998 with the remarks "Funds Insufficient". The complainant received back the original cheques with the bank memo vide advice note dated 14.07.1998. On receipt of dishonoured cheques, the complainant issued legal notices dated 28.07.1998 which were sent through registered A.D. on 29.07.1998 calling upon the petitioners- accused to make the payment of dishonoured cheques within 15 days from the receipt of notices. It is also averred in the complaint that the accused duly received the notice on 03.08.1998 and amount was to be paid within 15 days from the receipt of said notices. It is specifically averred in the complaint that the petitioners-accused sent drafts dated 20.08.1998 amounting to Rs. 7,00,000/- to the complainant which were received on 24.08.1998 and got encashed. It is also averred that since the accused had not made the payment within 15 days of the receipt of notice, therefore, the petitioners-accused committed an offence under Section 138 of 'N.I.Act'. In pursuance of the complaint, the petitionersaccused were summoned. The petitioners filed CRM-M-13979-M-1999 for quashing the complaint and summoning order, but the same was dismissed on 22.07.1999. Feeling aggrieved by the order dated 22.07.1999, the petitioners filed SLP (Crl.) Nos.2174-2176 of 1999 before the Hon'ble Supreme Court which were dismissed on 16.01.2001 and following order was passed: