KARAN SINGH DUTTA Vs. NANAK CHAND GUPTA

JUDGEMENT

(1.) A complaint under Sections 420/427, IPC, was filed against the petitioner in the Court of Additional Chief Judicial Magistrate, Gurdaspur, with the following allegations.

(2.) ON March 31, 1984, November, 26, 1984 and November 29, 1984, the respondent complainant sold three truck-loads of coal to the petitioner for a sum of Rs. 32775/- on credit. Some time later, i.e. on November 30, 1984, the petitioner issued a cheque for Rs. 35,000/- in favour of the complainant. It was drawn on the Central Bank of India, Gurdaspur. The amount in excess of the sale consideration was stated to be paid by the petitioner by way of interest on the price of the goods sold to him. It was then alleged that when the complainant went to the Bank to encash that cheque on April 8, 1985, the Manager of the Bank endorsed that the petitioner had issued instructions to the Bank to not to release the amount. The complainant then finding that he had been cheated, filed the present complaint on April 29, 1985. After recording the preliminary evidence led by the complainant, the Magistrate declined to summon the petitioner as an accused for the following reasons :-