BHANWAR LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By this petition under S. 482 of the Criminal Procedure Code, it is prayed that the order dated 30th November, 1995 passed by the Civil Judge (Jr. Division) and Judicial Magistrate in criminal complaint case No. 474/95 Vishwa Karma Steel Sales v. Bhanwarlal be quashed. By the above mentioned order, the learned Judicial Magistrate, on the basis of the complaint filed by the non-petitioner No. 2 took cognizance of the offence under S. 138 of the Negotiable Instruments Act.

(2.) Vishwakarma Steel Sales, Merta City, represented by non-petitioner No. 2, filed a complaint with Civil Judge (Jr. Division), Merta on 9th June, 1995. It was alleged in the complaint that the accused persons purchased some goods from the complainant for a consideration of Rs. 53,174.04. The transaction was duly entered into the accounts books of the complainant. Two cheques one dated 15-10-1994 for Rs. 20,000/- and the other dated 25-12-1994 for Rs. 20,000/- were given by the accused. The complainant sent the cheques to the State Bank of Bikaner and Jaipur, Merta City Branch for encashment. Both the cheques were dishonoured by the bank on 10th May, 1995 on the ground that there are no sufficient funds in the accounts of the drawer of the cheque. The bank returned both the cheques to the complainant with their letter dated 10th May, 1995. On 23rd May, 1995, the complainant sent a registered letter to the accused persons demanding the sum of Rs. 40,000/- within a period of 15 days. It was also stated in the letter that the amount should be paid within the period mentioned in the letter otherwise civil as well as criminal proceedings would be instituted.

(3.) The letter sent by the complainant could not be served on the accused persons. It was returned unserved. The complainant, thereafter submitted the complaint in the Court of Judicial Magistrate, Merta City against the accused persons alleging the commission of offence under