PARIMAL KUMAR CHANDA, SUDHAMAY BASU
BISWANATH AGARWALLA – Appellant
Versus
STATE – Respondent
( 1 ) THIS Rule relates to an order dated the 2nd of July, 1974 passed by the Metropolitan Magistrate, 3rd Court, Calcutta whereby the learned Magistrate framed charges in case no. G. R. 521 of 1973 under section 420 I. P. C. and section 420/109 I. P. C. against the petitioners.
( 2 ) THE prosecution case is that during November, 1970 to February, 1971 the petitioners representing Calcutta Cycle Importing Company of 80d, Bentinck Street, Calcutta had numerous transactions with T. I. and M. Sales Limited in respect of cycles components and other accessories. In course of the transaction goods were supplied to the petitioners against cheques. The goods were sent from Madras to the Branch Office of the T. I. and M. Sales Limited, hereafter referred to as the complainant company. The delivery orders were handed over to the petitioners against cheques with instruction to present the cheque for encashment at a future date. In course of the aforesaid transaction some cheques were encashed but many others were dishonoured. The complainant company pressed for payment of the outstanding cheques and declined to make over further goods. Thereupon the petiti
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