BANK OF BARODA Vs. M SUNDARA RAJAN

JUDGEMENT

(1.) THE petitioners herein are the accused before the Chief Metropolitan Magistrate, Bangalore, in c. C. No. 8206 of 1996, for the alleged offence under section 409 of the Indian Penal Code, 1860. The chief manager, chairman, managing director and directors of Bank of Baroda are the accused persons. They have preferred these petitions against the order passed by the learned magistrate directing to issue process to these petitioners. Heard.

(2.) LEARNED counsel for the petitioners contended that the complaint was without any bona fide reasons. If the complaint is taken as a whole, no offence is made out as against these petitioners. There is no dishonest intention on the part of these petitioners to constitute an offence under section 409 of the Indian Penal Code, 1860. These petitioners were not concerned with the transaction as on the date of the alleged incident. Therefore, he submitted that the learned magistrate has not applied his judicial mind in taking cognizance of the offence. Therefore, the petitioners are entitled to be discharged.

(3.) PER contra, learned counsel for the respondent submitted that all these contentions can be raised only before the learned magistrate. The questions involved are on factual aspects which cannot be decided by this court. He also submitted that it is for the complainant to establish the necessary ingredients to constitute an offence. As such, the petition is not maintainable.