ECL FINANCE LTD Vs. SUKHMANI BEDI & ANR

JUDGEMENT

(1.) The petitioner had instituted a criminal complaint (CC No. 541/2013) in the court of Metropolitan Magistrate on 03.04.2013 involving offence punishable under Section 138 of Negotiable Instruments Act, 1881. The respondents herein were impleaded in the said criminal complaint as third and fifth prospective accused, this in addition to M/s Cedar Infonet Private Ltd. (accused no.1), Lt. Col. H.S. Bedi (accused no.2) and Ms. Maninder Bedi (accused no.4). The allegations in the case concerned a cheque bearing no. 933743 dated 28.02.2013 for Rs. 52,64,384/- which had been issued under the signatures of Lt. Col. H.S. Bedi (second accused) against the account of M/s Cedar Infonet Pvt. Ltd. (first accused) which, upon presentation by the petitioner, was dishonoured. It was alleged that a notice of demand was issued to all the five persons, arrayed as accused on 05.03.2013, to which there was no response, nor any payment received and consequently the offence under Section 138 of Negotiable Instruments Act, 1881 had been committed.

(2.) The Metropolitan Magistrate, after preliminary inquiry, issued summons, by order dated 04.06.2013, against all the five persons shown in the array of accused, they including the respondents herein.

(3.) The respondents and Ms. Maninder Bedi (fourth accused) approached the court of Sessions by petition (Crl.Rev. 25/2014) impugning the summoning order. The revisional court, by order dated 110.2014, rejected the prayer of the fourth accused but accepted the contention of the respondents that no case was made out for they to be summoned only because they were alleged to be directors of the concerned company (first accused). Thus, by order dated 110.2014 of the revisional court, the proceedings in the criminal case against the respondents were closed. It is the aforesaid order which is challenged by the petition at hand invoking the inherent power of this Court under Section 482 of the Code of Criminal Procedure, 1973 (Cr.P.C.).