The companyplainant presented the cheque twice for companylection through its bankers viz.
Brief facts of the appellant Companys case.
The accused failed to pay the amount to the companyplainant.
The companyplainant being one of the approved vendors on the list of the GIL, the accused, placed various purchase orders with the companyplainant and the companyplainant sold and supplied the same as per the demand and specifications.
The Chief Judicial Magistrate, Vadodara, by order dated 15/11/2006 issued summons to all the accused.
The accused filed applications before the High Court under Section 482 of the Code Criminal Procedure for quashing of the said companyplaint case.
The High Court by the impugned order dated 8/9/2011 allowed the petition and quashed the said companyplaint.
The companyplainant on 13/10/2006 sent a demand numberice to the accused asking them to pay the cheque amount within a period of 15 days from the date of the receipt of the numberice.
During the companyrse of business, the accused made part payments regularly.
Being aggrieved by the said order the companyplainant has approached this Court.
For the remaining outstanding legitimate dues of the companyplainant, the accused handed over a post dated cheque bearing No.387176 dated 15/07/2006 for Rs.11,80,670/ drawn on HSBC Bank, Bangalore in favour of the companyplainant.
Application No.1757 of 2007 and Criminal Misc.
On 15/11/2006 the companyplainant filed a companyplaint being Criminal Complaint No.6076/06 in the Court of Chief Judicial Magistrate, Vadodara, Gujarat against the accused under Sections 138/142 of the NI Act.
9901 of 2011 are its directors.
Bank of Baroda, Jetalpur Branch.
2 to 4 in appeal arising out of SLP No.
Contesting respondent number 2 in appeal arising out of SLP No.
9915 of 2011 is the accused companypany and companytesting respondent number.
Application No.9158 of 2007 whereby the High Court of Gujarat quashed the criminal companyplaint filed by the appellant being Criminal Case No.6076 of 2006 pending on the file of the Chief Judicial Magistrate of Vadodara for offences punishable under Section 138 and 142 of the Negotiable Instruments Act the NI Act .
It was returned unpaid on 3/10/2006 for the reason Payment stopped by drawer.
RANJANA PRAKASH DESAI, J. Leave granted.
It is a private limited companypany.
The appellant in both the appeals is the original companyplainant.
In the companyrse of its business, the accused received bulk orders from Gujarat Informatics Limited GIL , a Government of Gujarat Company for supply of desktop companyputers, printers, UPS and other products.
These appeals are directed against the judgment and order dated 08/09/2011 passed by the High Court of Gujarat in Criminal Misc.
