BANK OF BARODA AND Vs. SAMRAT EXPORTS

JUDGEMENT

(1.) THE petitioners herein are the accused before the C. M. M. , Bangalore, in C. C. No. 8206/1996 for the alleged offence under Sec. 409, IPC. 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.

(2.) HEARD.

(3.) THE 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 Sec. 409, IPC. 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.