WORD TEX LIMITED Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This S. B. Cr. Misc. Petition under Section 482 Cr. P. C. is directed against the order dated 20-1-2001 whereby the learned Judicial Magistrate (Behror), District Alwar took cognizance for an offence under Section 138 of the Negotiable Instruments Act, 1881 (in short the Act, 1881) against the accused petitioners.

(2.) The relevant facts in brief are that the complainant-respondent No.2 filed a complaint on 4-10-2000 in the Court of learned Judicial Magistrate, Behror against the accused petitioner company and its Managing Director and other directors with the averments that the accused company had\ business dealings with the complainant respondent company. During the course of the business three post dated cheques respectively for Rs.2,12.104/-, Rs. 4,85,105/- and Rs.2,91,062/- were issued on 30-4-2000. These cheques were issued for payment of outstanding balance of the amount.

(3.) When the complainant presented these cheques in the bank, they were dishonoured on 16-8-2000 with the remark of insufficient funds. The complainant issued notice on 30-8-2000 but the accused petitioners failed to make payment within the period of 15 days as stipulated under the Act, 1881.