RAM PRASAD PODDAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE Proprietor of M/S. Laxmi Drug House at Bhagalpur, the petitioner herein, has prayed for the quashing of order dated 15.2.2005 passed by Sri Saheb Kaushar, Judicial Magistrate, First Class, Patna, in Complaint Case No. 1473(C) of 2004 whereby and whereunder he has taken cognizance of offences under Sections 420, 406 I.P.C. and Section 138 of the Negotiable Instrument Act (hereinafter referred to as "the N.I. Act").

(2.) M /S. Glaxo Smithkline Pharmaceuticals Limited(hereinafter referred to as "the Company") through its Manager (impleaded herein as O.P. No. 2) filed the aforesaid complaint inter alia alleging that the petitioner had obtained supply of medicines amounting to Rs. 7,90, 297/ - against which a cheque of same amount was issued by the petitioner. It is further alleged that when the cheque was presented it was returned with the endorsement "Payment stopped by the Drawer", whereupon the complainant gave a legal notice but neither the goods were returned nor the money was paid.

(3.) THE learned Counsel for the petitioner has admitted that medicines worth Rs. 7,90,297/ - had indeed been supplied to the petitioner vide different invoices dated 10.4.2004 and against the said amount by way of security the petitioner had issued a cheque dated 21.4.2004. In this connection, it has been submitted that as a matter of fact a sum of Rs. 9,00,000/ - by way of demand draft was paid by the petitioner in between 3.5.2004 and 16.9.2004 which would be evident from the certificate issued by the Canara Bank, Bhagalpur and from the same it would be apparent that the Company had received payment in lacs and lacs between 10.4.2004 to 3.7.2004.