ARUNA BANSAL Vs. STATE

JUDGEMENT

(1.) BY an order dated 25.04.2006, I had directed that the trial court record would be necessary because the learned counsel appearing on behalf of Sanjay Chaudhary submitted that the trial court record be seen to ascertain as to whether there is anything on record to show that the said Sanjay Chaudhary was, in fact, the Managing Director or a Director in charge of the day-to-day affairs of the company and responsible to the company. According to him, it is only then that he could be brought in within the extended liability under Section 141 of the Negotiable Instruments Act, 1881 (hereinafter referred to as 'the said Act'). However, today, the learned counsel for the petitioner sub-mitted that although the trial court record is not before this court, this revision petition can be disposed of in view of the decision of the Supreme Court in the case of S.M.S. Pharmaceuticals Ltd v. Neeta Bhalla and Another 2005 (6) Comp LJ 144 (SC) as well as the decision of the Supreme Court in the case of S.V. Mazumdar and Others v. Gujarat State Fertilizer Co. Ltd and Another 2005 (4) Comp LJ 493 (SC).

(2.) HE referred to the decision of the Supreme Court in the case of S.M.S. Pharmaceuticals Ltd. (supra) and submitted that three questions came up for determination before a larger Bench on a reference made by a two Judge Bench of the Supreme court. The three questions that were referred to were as under:--

(3.) THE learned counsel who appeared on behalf of Sanjay Chaudhary, of course, took a contrary view, but I am of the opinion that the submissions made by the learned counsel for the petitioner have to .be accepted in view of the express declaration of law by the Supreme Court in the aforesaid case of S.M.S. Pharmaceuticals Ltd. (supra). In this context, therefore, the impugned order is set aside. The matter be now placed before the learned Metropolitan Magistrate for further proceedings in accordance with law on 27.05.2006, the date which has already been fixed. The said Sanjay Chaudhary shall appear before that court on that date.