M S RAGHUNATHAN Vs. RAJESH SHAH AND CO

JUDGEMENT

(1.) By means of filing instant petition under Section 482 of the Code of Criminal Procedure ('the Code' for short), the petitioner against whom Criminal Case bearing No.324 of 2001 is filed in the Court of learned Chief Judicial Magistrate, Vadodara for alleged commission of offence under Section 138 of the Negotiable Instruments Act, 1981 ('the Act' for short) in which process has been issued, has prayed to quash and set aside the complaint and the process issued thereunder, on the grounds stated in the petition.

(2.) The petitioner is the original accused No.7 whereas respondent No.1, a Proprietary Concern, is the original complainant in the above referred to Criminal Case. Therefore, for the sake of convenience and brevity, the petitioner is referred to as "accused No.7" whereas respondent No.1 is referred to as "the complainant" hereinafter in this judgment.

(3.) As per the averments made in the complaint bearing Criminal Case No.324 of 2001 filed in the Court of learned Chief Judicial Magistrate, Vadodara, the complainant is a proprietary concern running in the name and style of Rajesh Shah & Co, dealing in the business of purchase and sale of shares as per oral or telephonic instructions issued from its customers. Brijlaxmi Leasing & Finance Limited, a company registered under the Companies Act, is accused No.1 ('accused company' in short) in the said complaint whereas accused Nos.2 to 6 are the Directors of the said Company and accused No.7 (the present petitioner) is the Manager and authorised signatory to sign cheque on behalf of the Company). Accused Nos.2 to 7 are engaged themselves as full time Directors and Manager and running the administration of the company jointly. All the accused are customers of the complainant and they used to sell and purchase shares through the complainant company.