RAJESH KUMAR Vs. MAHENDRA JAIN

JUDGEMENT

(1.) IN this petition under Section 482 of the Code of Criminal Procedure, a prayer has been made for quashing the complaint filed under Sections 420/406, Indian Penal Code, against the petitioner, annexed as Annexure P3 with the petition and the order, dated March 6, 1991 passed by the Sub-Divisional Judicial Magistrate, annexed as Annexure P4 with the petition, vide which the petitioner was summoned under Section 420, Indian Penal Code.

(2.) FOR the disposal of this petition, the barest minimum facts need be taken note of. A complaint was filed against the petitioner by Mahendra Jain under Sections 420/406, Indian Penal Code, alleging therein that on May 6, 1987, the accused-petitioner approached him for purchase of Rayon Godet Waste and after inspecting and approving the Rayon Waste (hereinafter referred to as R.G.W.), he purchased 41 bags of R.G.W. White containing 2426 Kgs. at the rate of Rs. 16/- per Kg. Vide bill No. 225, dated May 5, 1987, for Rs. 38,816/-. The complainant insisted on cash payment but on the assurance and representation of the accused-petitioner, he agreed to accept two post-dated cheques bearing Nos. 241718 for Rs. 18,000/- and 241719 for Rs. 14,000/- respectively. The accused-petitioner assured the complainant that the first Cheque of Rs. 18,000/- be presented on May 27, 1987 for encashment and regarding the other Cheque, the date of presentation will be intimated later on, so the date column of later Cheque of Rs. 14,000/- was left blank by the accused- petitioner. On May 23, 1987, the accused-petitioner again approached the complainant and purchased 34 bags of R.G.W. White containing 2050 Kgs. at the rate of Rs. 16/- per Kg. vide Bill No. 227 dated May 23, 1987, for Rs. 32,896/-, and assured him to furnish Cheque in lieu of the purchase on the same evening, but he did not furnish the Cheque. On May 26, 1987, the accused-petitioner contacted the complainant and requested him not to present the Cheque on May 27, 1987 since he could not make arrangements for payment and assured that he would clear the dues before June 15, 1987. Again, on June 13, 1987, the accused-petitioner asked the complainant to wait till June 23, 1987 and furnished also a Cheque for Rs. 7,000/- to cover the balance of the first Bill and to adjust towards the interest for late payment of the first Bill. On enquiry by the complainant, he was told by the Bank personnel that there was no adequate balance in the account of the accused-petitioner to get the said Cheque encashed. On October 14, 1987, the complainant sent Cheque No. 241718 for Rs. 18,000/- to the Bank which was also returned as dishonoured.

(3.) THE complainant appeared himself as PW1 and reiterated all the allegations made in the complaint.