S.M.ENTERPRISES Vs. LEENA GADIT

JUDGEMENT

(1.) Heard.

(2.) The present petition is against the order dated 15.5.2018 passed by the First Additional Judge to the Court of First Additional Sessions Judge, Raipur in Criminal Revision No.75/2018. Vide the said order, the Revisional Court has setaside the order dated 8.9.2017, whereby, notice under Section 138 of the Negotiable Instruments Act, 1881 (in short "the Act, 1881"), was issued to the private respondent-non applicant.

(3.) The short facts of the case are that a complaint was preferred by SM Enterprises-the petitioner herein against Sajel Glass Limited- A Company and its six Directors. The complaint inter alia was for the reason that Sajel Glass Limited had given a cheque on 16.1.2017 of Rs. 5 lakhs to the complainant, which was deposited in its account in Indian Bank, Raipur. The said cheque was not honoured and a notice of dishonour was received by the petitioner on 17.1.2017. Subsequently, a mandatory notice under Section 138 of the Act, 1881 was sent to the accused on 31.1.2017. The summons were received by the accused on 6.2.2017 and despite the statutory period, the payment was not received and as such, a complaint was filed. The Judicial Magistrate on filing of such complaint under Section 138 of the Act, 1881 issued notice to the Company and its Directors. It is one of the Directors, arrayed as respondent No.6 in the complaint namely Smt. Leena Gadit, who has challenged such issuance of notice before the Revisional Court. It was stated that the Director, who was arrayed as respondent No.6, was not in any way involved in issuance of cheque. The Revisional Court set-aside such order of issuance of notice on the ground as to how the said Director was responsible for issuance of cheque on behalf of the Company. The said order is under challenge before this Court.