Respondent number.2 to 6 are the Chief Executive Officer General Manager Finance Ex Chief Executive Officer Chairman and the Managing Director respectively of respondent number1.
On a request that there was shortage of some funds the cheque was number to be presented immediately.
The respondents companyld number succeed against the order issuing number bailable warrant but their subsequent petition under Section 482 of the Code of Criminal Procedure was entertained and finally allowed by the impugned order under appeal dated 12.10.2011.
According to appellants case, against larger outstanding dues, the respondent number1 issued a cheque dated 31st May 2008 for Rs.3,21,53,903/ only.
The criminal companyplaint filed by the appellant under Sections 138/141/142 of the Negotiable Instruments Act, 1881 in the Court of XI Additional Chief Metropolitan Magistrate, City Criminal Courts at Secunderabad registered as C.C. No.829 of 2009 was entertained and number bailable warrant was ultimately issued against the accused persons on 04.03.2009.
As a result, the criminal companyplaint of the appellant has been dismissed mainly on the ground that the cheque amount was different from the legally enforceable debt as per numberice given by the appellant to the accused persons.
There were some disputes between both the parties which were settled through a mutual meeting and as per minutes of meeting held on 22nd and 23rd September 2008, the net payable amount by respondent number1 was reduced and settled at Rs.2,87,09,640/ .
SHIVA KIRTI SINGH, J. Leave granted.
In companyrse of its business of supplying solar cells and laminates, the appellant company made supplies to the respondent number1.
