B.T. GOKHALE Vs. STATE

JUDGEMENT

(1.) B.T. Gokhale, the petitioner herein vide this petition under Section 482 Cr.P.C. is seeking setting aside of summoning order dated 20 th February, 1998 qua him passed by the learned Metropolitan Magistrate in Complaint Case No.1351/1/2004 titled Fertilizers and Inputs Pvt. Ltd. Vs. Western India Industries Ltd. and Ors for the offence under Section 138 read with 141 N.I. Act.

(2.) Briefly stated, background facts for the disposal of this petition are that the complainant/respondent No.2 had advanced a sum of '90 lakhs to M/s. Western India Industries Ltd. vide two cheques dated 24.07.1996 and 26.07.1996 for '40 lakhs and '50 lakhs respectively. The accused company, in order to repay the loan, issued cheques dated 22.10.1996 and 24.10.1996 for '40 lakhs and '50 lakhs drawn on Standard Chartered Bank, Parliament Street, New Delhi. The cheques when presented for collection through the complainant s bank, were dishonoured with the remarks "insufficient funds". Complainant/respondent No.2 issued demand notice under Section 138 N.I. Act to the accused company and others including the petitioner. The amount of those cheques, however, was not paid during the requisite period of 15 days. This led to filing of complaint by the respondent No.2.

(3.) The petitioner is sought to be held vicariously liable for the offence under Section 138 N.I. Act alleged to have been committed by the company M/s. Western India Industries Ltd. The allegations to fix the vicarious liability for the offence under Section 138 N.I. Act committed by the company on the petitioner with the aid of Section 141 N.I. are in Para 2 and 6 of the complaint, which are reproduced thus: