SAVIO MONTEIRO Vs. PASCOAL BARBOSA

JUDGEMENT

(1.) THIS Criminal Writ Petition No.2 of 2001 is directed against the Order of the Additional Sessions Judge, Margao, dated 9th January,2001 dismissing the Criminal Revision Application filed by the Petitioner/Accused No.3 against the Order dated 19-11-1999 passed by the Judicial Magistrate First Class,at Margao, in Criminal Case No.184/N/98/III Addl. dismissing the application for dropping the proceedings against him.

(2.) THE brief facts of the case are: The Judicial Magistrate First Class, Margao ordered issue of process against the Petitioner, Respondent No.2 and Respondent No.3. The Petitioner filed an application dated 31-8-1998 before the Judicial Magistrate, First Class, contending that he is not a signatory to the cheques nor is he a Director of the Company; but he was only working as Clerk with the Accused No.1, i.e. Respondent No.2,and that in view thereof, proceedings under Section 138 of the Negotiable Instruments Act do not lie against him and the same should be dropped. The learned Magistrate, by his Order dated 19-11-1999, rejected the application. Being aggrieved by the said Order, the Petitioner preferred Criminal Revision Application in the Court of Sessions Judge, South Goa, Margao, which came to be rejected by the impugned Order.

(3.) THE learned Advocate for the Petitioner draws attention of the Court to Para 3 of the complaint which reads as follows:-