SARJEET SINGH Vs. STATE

JUDGEMENT

(1.) THIS application by the petitioner has been filed for cancellation of bail granted provisionally to opposite party No. 2 in Kazi Mohammadpur P.S. Case No. 72 of 2002 which was extended time to time and was ultimately confirmed by order dated 15.9.2003 by Chief Judicial Magistrate, Muzaffarpur.

(2.) THE case of petitioner, in short, is that he is Regional Marketing Manager in a Government Company engaged in production and sales of seeds of cereals, pulses and oil seeds of different varieties and opposite party No. 2 is the distributor of the petitioners Company at Muzaffarpur and takes seeds for distribution to dealers and gets commission on the total value of sale in the area of his operation. He also gets commission on the goods supplied to the dealers directly by petitioners company in his area and in return he stands as guarantor of the dealers who take delivery from the petitioners company. Further case of the petitioner is that normal system of business of petitioners company is that distributor or the dealer has to deposit the cost of the goods delivered and despatched to him but sometimes goods are supplied on the understanding that price unpaid would be deducted from the amount of commission due to the distributor. According to the petitioner, account for the year 2000 -2001 of opposite party No. 2 was checked and it was detected that opposite party No. 2 had taken goods in excess of the cash payment and his pending commission and total amount of Rs. 16,70,695.43 was debited in his account with the company and this fact was brought to the notice of opposite party No. 2 and final accounting was done and after adjusting the commission amount of Rs. 4,95,572.57 for the year 2000. -2001 and the price of seeds returned by him amounting to Rs. 2,20,240.00 and the balance due against the opposite party No. 2 came to Rs. 3,54,882.68 and opposite party No. 2 admitted the dues to the extent of Rs.8,05,840.10 to the Company and on 20.3.2002 he issued three post dated cheques, one for Rs. 2 lacs and two for Rs. 3 Lacs each, altogether for a sum of Rs. 8 Lacs and those cheques were presented on 30.3.2002 in UCO Bank, Muzaffarpur. All cheques were returned uncashed on account of insufficient fund in the account of opposite party No. 2. The registered notice dated 6.4.2002 was sent to opposite party No. 2 by petitioners company informing him that the cheques issued by him had been dishonoured and asking him to pay the amount in cash but in spite of receipt of notice, opposite party No. 2 did not pay any attention to the request of petitioners company. According to the petitioner, opposite party No. 2 intentionally played fraud with his company and has cheated it with dishonest intention.

(3.) OPPOSITE party No. 2 has appeared and has opposed the prayer of petitioner for cancellation of bail granted to him.