ORG INFORMATICS LTD Vs. STATE

JUDGEMENT

(1.) This is a criminal misc. main petitions filed under Section 482 Cr.P.C. for setting aside the order dated 30.09.2010 and 12.01.2011 passed by the learned Metropolitan Magistrate in complaint case no. 812/2010 and the order dated 18.05.2011 passed by the learned Additional Sessions Judge in criminal revision petition no. 34/2011.

(2.) It may be pertinent here to mention that criminal misc. main cases bearing no. 2410 to 2422 are also between the same parties challenging the said three orders except the fact that they are passed in different complaint cases. This case will be treated as a lead case giving the reasons for the dismissal of the petition which would be equally applicable to the other petitions.

(3.) The brief facts of the case are that the respondent no. 2/IBM India Pvt. Ltd. filed a complaint under Section 138 of the Negotiable Instrument Act against the present petitioner, ORG Informatics Ltd. and its three Directors, namely, Ajoy Khandheria, Rajesh Suri and Sushil Kumar who are the petitioner nos. 2 to 4. The petitioner no.1/company had allegedly issued cheque for a sum of Rs. 25,00,000/- to the respondent no. 2 which was dishonoured on presentation. It was also alleged that the petitioner nos. 2 to 4 were the directors of petitioner no. 1/company and were responsible for the conduct of the business of the petitioner company, and therefore, vicariously liable for the commission of the offence. The respondent no. 2 complied with the statutory provisions of the issuance of demand notice etc. The same is alleged to have not been complied with by the petitioners, accordingly, the aforesaid complaint was filed against the present petitioners by the respondent no.2. Along with the complaint an affidavit was filed by way of pre summoning evidence and the learned Magistrate issued notice to the present petitioners. On appearance, notice under Section 251 Cr.P.C was given to them through their counsel on 08.04.2010 and thereafter the matter was adjourned to 12.05.2010 for prosecution evidence.