T K KANUNGO Vs. STATE OF BIHAR

JUDGEMENT

(1.) This application under Section 482 of the Code of Criminal Procedure, 1973 (in short the Code) is directed against the order dated 1-9-1987 passed by Shri N. K. Sinha, Sub-Divisional Judicial Magistrate, Ranchi taking cognizance of the offence against the petitioners under Section 418/ 420 of the Indian Penal Code in complaint Case No. 40/87.

(2.) Opposite Party No. 2 is the complainant. He is Manager of Ranchi Mineral Processing Industries, Lake Avenue, Ranchi. He had supplied steam coal worth Rs. 45,000 to the petitioners and it was agreed that the payment of the bills will be made full in one lump-sum. Since then Opposite Party No. 2 approached the petitioners for the payment of the dues and ultimately on 20-4-1987 petitioner No. 1 had issued a cheque drawn on Bank of India, Jhumpura Branch, District Keonjhar (Orissa) for a sum of Rs. 20,000 towards the dues. When this cheque was presented to this branch of Bank of India through Punjab National Bank, in which the Opposite Party No. 2 had account, it was returned back with the endorsement "not arranged for". On enquiry Opposite Party No. 2 could learn that on the day on which this cheque was issued the petitioner had no money in the Account in the aforesaid Bank. Thus, Opposite Party No. 2 alleged that he was cheated. It was on this complaint petition that the cognizance was taken on 1-9-1987.

(3.) In this petition the petitioners have contended that the allegations are vague inasmuch as it has not been disclosed when the coal in question was supplied or when the cheque was presented for payment. In the complaint petition it has also not been disclosed which of the two petitioners had issued the cheques, though only the date of occurrence has been shown to be 29/4/1983. The petitioners have contended that they have got a number of document to show that even after 29/4/1983 they had made payments to Opposite Party No. 2 on several dates upto 7/10/1986. It was further contended that the dispute between the parties, if any, can at best said to be a dispute of civil nature. There is no element of deception from the start of this contract. Hence, no offence under Section 420 of the Indian Penal Code is made out,