BINDU KUMAR MEHTA Vs. RISHIKET PRAKASH GUJAR

JUDGEMENT

(1.) By this petition under Article 227 of the Constitution of India, and under section 482 of the Code of Criminal Procedure, the petitioner, who is the accused no. 3 in Criminal Case No. 1009/SS/2011, pending before the Metropolitan Magistrate, 48th Court, Andheri prays that by issuing an appropriate writ, order or direction, the order dated 17 December 2011 rejecting the discharge application filed by the petitioner, and the order dated 2 February 2012 passed by the learned Addl. Sessions Judge dismissing the Criminal Revision Application No. 105 of 2012, be quashed and set aside.

(2.) The said case is in respect of an offence punishable under section 138 of the Negotiable Instruments Act. The complaint has been filed by the respondent no. 1 herein. The respondent nos. 2 and 3 herein are the accused nos. 1 and 2 respectively in the said case. When the trial before the Magistrate was proceeding, the petitioner, on 17 December 2011, made an application for discharge which was rejected by the Magistrate on the same date. The petitioner moved the Court of Sessions by filing an application for revision, but as aforesaid, by an order dated 2 February 2012, the revision application came to be dismissed.

(3.) The petitioner is being prosecuted on the basis that he was a Director of the accused no. 1 company Promines Minmet (P) Ltd.