LUCKY MEDICINE DISTRIBUTORS Vs. STATE OF BIHAR

JUDGEMENT

(1.) The entire criminal prosecution initiated against the petitioners including the order talcing cognizance of the offence under Sections 406 and 420 of the Penal Code are sotight to be quashed in this application as prayed for by the petitioners.

(2.) The complainant -company is manufacturer of medicine and allied products and also marketing the same. It is alleged in the complaint petition that it sold medicine worth Rs. 11 lakh 74 thousand and odd to the petitioners on assurance that the petitioners would make payment through cheque. Detail of invoices, by which medicines were sold as well as the amount, has been given in the complaint -petition. On 11.1.96, 17.1.96 and 6.2.96, three cheques were issued by the petitioners for the said amount but all the cheques were dishonoured by the Bank concerned due to insufficiency of amount in the account of the petitioners. On 23.2.96, the company informed the petitioners regarding such dishonoured of cheques and requested for payment of the same. In reply petitioner No. 2 wrote to the company on 11.3.96 that the entire payment would be made by 19.3.96. Up to October, 1996, though the petitioners made part payment through Pay Orders but thereafter no payment was made to the complainant and, as such, Rs. 6 lakh 20 thousand and odd are remained unpaid.

(3.) On such complaint being filed, the Judicial Magistrate examined the complainant on oath in which he has reiterated his allegation made in the complaint -petition. The learned Magistrate after perusing the allegations and the statements of the complainant and witnesses took cognizance of the offence and issued processes against the petitioners.