MOHD KHAJA MOINUDDIN HUSSAIN Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS petition has been filed against the complaint and the summoning order.

(2.) AS per complaint the petitioners had approached the complainant in April, 2011 to purchase Basmati Rice which were duly supplied to the petitioners and on 09.07.2012 an amount of Rs.4,45,47,934/ -was due. At that stage the petitioners represented to the complainant that they would make the due payments and some of these promises were allegedly made in writing also. At one stage a letter was also issued acknowledging payment of Rs. 20 -25 lacs between 22.05.2012 to 31.05.2012 and a further amount of Rs. 2 Crores in the month of June, 2012.

(3.) THEREAFTER the complaint records that the petitioners, after receiving the goods, started singing a different tune and started claiming that actually nothing was due from them to the complainant. Some cheques issued by the petitioners were returned with the endorsement 'stop payment'. At that stage the complainant smelled a rat and got the signatures of the petitioners compared on the cheques and it transpired that actually the petitioners had forged their own signatures on the cheques. Consequently it was prayed that the petitioners be summoned under Sections 420, 467, 468, 471, 506 and 120 -B IPC.