Crl.Pet. 812/2014. Gauhati High Court

Case NumberCrl.Pet. 812/2014
Judgement DateJuly 13, 2019
CourtGauhati High Court

Crl. Pet. No. 812 of 2014

BEFORE

HON’BLE MR. JUSTI CE MANASH RANJAN PATHAK

Heard Mr. Jyotirmoy Roy, learned counsel for the petitioners.

Though notice was duly served on the sole respondent, he did not appear in the matter and the matter proceeded ex-parte.

The petitioner No.1 is a Public Limited Company with its permanent office at Kolkata, West Bengal and the petitioner No. 4 is the Managing Director of the petitioner No.1 Company. The sole respondent was an agent of the petitioner No. 1 Company who was entrusted and empowered to collect money from different depositors in the form of Fixed Deposits, Recurring Deposits and Monthly I ncome Schemes etc. in favour of and on behalf of the petitioner No.1 Company for issuing non-convertible preference shares. The petitioners and the sole respondent entered into an agreement wherein the petitioners agreed to pay a sum of Rs. 12,61,000/ - in a deferred manner to the respondent to discharge its liabilities to the investors and for that purpose, three cheques bearing Nos. (i) 751454 dated 25.09.2013 for a sum of Rs. 2,80,000/ -; (ii) 751455 dated

03.10.2013 for a sum of Rs. 4,61,000/ - and (iii) 751453 dated 10.10.2013 for a sum of Rs. 5,20,000/ -, all drawn on United Bank of I ndia, Kolkata were issued to the sole respondent. The said respondent though deposited the cheques issued by the petitioner Company for encashment towards making payment of matured amounts to the depositors; but those three cheques issued by the petitioners were dishonoured due to ‘insufficient fund’. After complying with the formalities as required under the Negotiable I nstruments Act, 1881, the sole respondent as a complainant on 27.10.2014 lodged a complaint before the Chief Judicial Magistrate, Dhubri against the petitioners for commission of offences under Section 138 of the Negotiable I nstruments Act, 1881, as amended, read with Section 420/ 406 I PC, which was registered as C.R. Case No. 784c/ 2014. Learned Chief Judicial Magistrate, Dhubri transferred the said C.R. Case to the Court of

Crl. Ptn. No. 812 of 2016 Page 1 of 4

13.07.2017

learned Additional Chief Judicial Magistrate, Dhubri for its disposal. Said Additional Chief Judicial Magistrate, Dhubri after considering the affidavit on evidence filed along with the complaint and after recording the statement of the complainant, by his order dated 03.06.2014 passed in said C.R. Case No. 784c/ 2014, being prima facie satisfied and finding materials against the...

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