GOVIND RAM CHANANI Vs. LATHA

JUDGEMENT

(1.) ALL these appeals filed by the appellant-Govind Ram Chanani stated to be the authorised representative of M/s. Alloy Steel Emporium, Mathikere, Bangalore under Section 378 (4), Cr. P. C. to set aside the order dated 8-2-2005 passed by the 18th addl. CMM and 20th ASCJ, Bangalore in c. C. Nos. 29538/99, 29138/99, 29139/99, 28960/99,29540/99, 29137/99,28961/99 and 29539/99 allowing I. A. filed by the respondents/accused in the respective cases and consequently acquitted the respondents.

(2.) THE case of the appellant is that appellant-Govind Ram Chanani described himself as a proprietor, M/s. Alloy Steel Emporium issued legal notice to respondents calling upon them to make good the cheque amount issued by them in favour of M/s. Alloy Steel emporium but dishonoured by their banker for insufficient funds. The respondents did not comply with the demand of notice. Therefore, appellant filed complaints against respondents for the offence punishable under Section 138 of Negotiable Instruments Act. The Court below, after taking cognizance, secured the presence of respondents and recorded their plea. Since the respondents pleaded not guilty, the matter was posted for evidence of complainant-appellant, at that time, appellant filed an application in all these cases stating that in fact, appellant-complainant is a partnership concern of Sri Bhom Saraogi and Smt. Anandi devi Saraogi and that Govind Ram Chanani is incharge and manager of M/s. Alloy Steel emporium and in addition to that, partners of the firm executed GPA dated 1-12-1991 in his favour empowering him to do all acts which partners are concerned to do it. But while issuing demand notice to respondents and while filing the complainant, inadvertently, the complainant M/s. Alloy Steel Emporium was wrongly shown as proprietory concern of govind Ram Chanani, that the said wrong description was unintentional and the same is a result of mistake. The said mistake crept in, owing to improper communication. If the said mistake is rectified, the same will in no way affects or prejudices the respondents. One of the partner's of the firm is his wife and another partner is his brother-in-law. In fact, govind Ram Chanani is whole and sole of the said business. Therefore he sought permission of the Court by filing an application to correct the cause title as M/s. Alloy Steel emporium represented by Mr. Govindaram chanani.

(3.) THE respondents herein objected the said application filed by appellant, on various grounds and had also filed application under section 258, Cr. R C. in all the cases praying to dismiss the complaints, contending that the complaints are not maintainable in the eye of law and the complainant cannot be allowed to correct his mistake at the belated stage and cannot allow any third party to enter appearance in the case. Hence, it is prayed to dismiss the complaint.