H.N. GAUTAM Vs. PUNEET GARG

JUDGEMENT

(1.) SINCE the challenge made in both the aforetitled petitions is to the same cognizance order dated 16.2.2008, passed by the Special Judicial Magistrate, Rishikesh, District Dehradun in Complaint Case No. 892/2007, Puneet Garg v. M/s Coastal Projects Pvt. Ltd. And 5 Others, hence, both these petitions are being decided by this common judgment and order. By the said cognizance order, the learned Magistrate has summoned M/s Coastal Projects Pvt, Ltd., S. Srendra, H.K. Singh & H.N. Gautam to face the trial for the offence of Section 138 of the Negotiable Instruments Act (for short, the Act) and one punishable under Section 420 IPC. By the same cognizance order, the learned Magistrate has also summoned two other accused persons, namely, Jitander Singh and Swarup Mitra to stand trial for the offence of Section 420 IPC. However, only two accused H.N. Gautam, by way of petition no. 217/2008, and S. Srendra, by way of petition no. 277/2008, have assailed the said cognizance order.

(2.) HEARD learned Counsel for the parties and perused the papers available on record.

(3.) THE company undertook work of construction of some hydroelectricity project located in the remote hills of Uttarkashi. H.K. Singh (accused no. 3), occupying the position of Additional General Manager, was entrusted with the task of advancement of the said project by the company through a Power of Attorney executed in his favour by the Board of Directors on 17.8.2006. Vide resolution dated 9.4.2007, passed by the Board of Directors, H.K. Singh was also authorized to operate the account of the company in connection with the said project. Mr. H.K. Singh, accordingly, proceeded with the work assigned to him, and obviously, for the said purpose, also started operating the account of the company for making various payments such as to labourers, for construction materials, etc. which was inevitable.