R.SRINLVASHAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) This application has been filed for quashing the order of cognizance dated 13.12.2004 taken under section 406 IPC and section 138 of N.I.Act by Sri Manoj Kumar, Judicial Magistrate, 1st Class, Patna in Complaint Case No. 1852(C) of 2004 against the petitioner.

(2.) Heard counsel for the parties.

(3.) Submission on behalf of petitioner is that even after taking into consideration averment made in the complaint petition no offence is made out. In that context, going through the averment made in the complaint petition needs its consideration which in short is that the complainant was one of the stockists of the Company operating as such from June, 2001 onwards in the area of Patna in name and style of M/s Rashmi Agency. The Company decided to extend its business in each part of Bihar. Allegation/averment is that the Company namely M/s Lissome Cosmetics Pvt. Limited did not fulfill the grievances of the stockists which was sent to it through registered letter dated 25.1.2003 to the Managing Director for its redressal but there was no reimbursement resulting disturbance and suffering to complainant's agency. It is further alleged that on mutual understanding a cheque of Rs. 12,972/- was issued in favour of complainant on 5.3.2003 by another stockist namely Piyush Kishore of Muzaffarpur which stood dishonoured on 13.3.2003.