RAJESH BAGGA Vs. STATE

JUDGEMENT

(1.) This revision petition is directed against the order dated 13.8.2002 of the Additional Sessions Judge, New Delhi in Complaint Case No.809/2002 whereby the learned Judge has disposed of the objection holding that notice under Section 251 Cr.P.C. could be served on the petitioner, in the facts of the case. Being aggrieved thereof the petitioner has filed this revision petition.

(2.) The facts giving rise to this revision petition are that by a complaint under Section 138/141/142 of the Negotiable Instruments Act dated 04.08.1998 the complainant had sought to prosecute the first accused, namely, M/s Dighaul Company for the aforesaid offences.

(3.) In the relevant paragraph in the complaint, as to who is incharge of the working of the Company, it is mentioned that accused no.1 is the company/firm which was in-charge and was responsible to the accused, at the time when offence was committed. Hence, the accused no.1, is liable to be prosecuted and punished in accordance with law by this Hon'ble Court, as provided under Section 141 of the Negotiable Instruments Act.