BHORANIYA DAMJIBHAI TAPUBHAI Vs. SUMERU TRADELINK PVT. LTD

JUDGEMENT

(1.) By invoking inherent powers of this Court, the applicant- original accused no.4 who has been subsequently impleaded during the course of enquiry by the trial court, has preferred this application against the order dtd. 5/3/2022 passed below Ex.13 by which the Additional Judicial Magistrate Court, Ahmedabad (Rural) by exercising his judicial discretion under Sec. 319 of Cr.P.C., impleaded the applicant herein as accused no.4 in the said Enquiry No.132 of 2017.

(2.) This Court has heard Mr. P.T. Jasani, learned counsel for the applicant, Mr. C.V Darji, learned counsel for respondent no.1 and Mr. Jay Mehta, learned Additional Public Prosecutor for the respondent-State.

(3.) Brief facts giving rise to file present application are that, the second respondent/complainant - Sumeru Tradelink Private Limited filed a private complaint under the provisions of Sec. 138 of Negotiable Instruments Act, 1881, impleading therein the company Umiya Ceramics as accused no.3 and its two directors namely Odhavji Talshibhai Bhoraniya and Ramesh Tapubhai Bhoraniya as accused no.1 and 2. The complaint for return of two cheques, issued by the company accused no.3 filed on 2/8/2014 on the file of Additional Judicial Magistrate Court at Ahmedabad (Rural). The complaint was registered as Criminal Enquiry No.132 of 2017. During the pendency of said enquiry, the second respondent-complainant moved an application Ex.10 to issue summon on the officer of State Bank of India, for production of documents of signature etc. in relation to the company Umiya Ceramics - accused no.3. On 22/12/2021, before the trial court, the authorized person of the bank namely Mr. P.D. Parth, was examined and he had produced the particulars of the accounts of Umiya Ceramics including the particulars of the authorized signatory of the accounts. It has come on record of the trial court that, the cheques were issued by Umiya Ceramics and one Bhoraniya Damjibhai Tapubhai i.e. applicant herein is the authorized signatory of the cheques. Based on this evidence, the complainant vide Ex.13, prayed before the trial court that, the applicant Bhoraniya Damjibhai Tapubhai being a signatory of the cheques, has committed offence and therefore, he may be impleaded as accused in the said enquiry. The learned trial court vide its order dtd. 21/5/2022, allowed the said application and joined the applicant herein as accused no.4.