FADI EL JAOUNI Vs. GIAN CHAND GARG

JUDGEMENT

(1.) On 30/31.01.2014, certain criminal complaints were filed in the court of the Metropolitan Magistrate by the respondent, each seeking prosecution of the parties, including the petitioners herein for offences punishable under Section 138 of the Negotiable Instruments Act, 1881, they including criminal complaint nos.440-443/1/14 from which the present petitions arise. Each of the said criminal complaints were directed against several persons including a company described as M/s. Bush Foods Overseas Pvt. Ltd. It may be added here that Mr. Rahul Shivam and Mr. Nicholas Fortune were reflected in the array of accused as the Authorized Signatory and Chief Financial Officer respectively, while Mr. Vir Karan Awasthy was described as the Managing Director of the company accused.

(2.) On the basis of preliminary inquiry in each case, the Metropolitan Magistrate issued process including against the petitioners herein. The petitioners, besides certain others, feeling aggrieved, approached the Court of Sessions invoking its revisional jurisdiction by separate petitions (CR Nos.97-108/2015), the prime contentions urged on their behalf being that there was no case made out for they being summoned as accused on the basis of allegations that they were the Directors of the company accused, denying that they had any concern or responsibility with the conduct of the day-today business of the company.

(3.) The afore-mentioned revision petitions were decided by the court of Sessions by a common order dated 03.08.2015. While revision petitions of co-accused Naseer Mohd. MF Al Hajri, were allowed, the proceedings against him having been dropped, the revision petitions of the petitioners herein were dismissed.