MAAN AGRO CENTRE Vs. EID PARRYA INDIA LTD

JUDGEMENT

(1.) THE petitioner/original accused preferred this revision petition against the order dated 29-3-2004 passed by Additional Sessions judge, Akola in Criminal Revision No. 73/2003 and for restoring the order dated 14-2-2003 passed by Judicial Magistrate, First Class, 3rd Court, Akola in summary Criminal Case No. 9192/99.

(2.) RESPONDENT No. 1 (hereinafter referred to as the "complainant") filed complaint under sections 138 and 141 of the Negotiable Instruments Act against the petitioner on the ground that the two cheques dated 31-7-1999 for Rs. 1,00,000/- and Rs. 62,051/- issued by the petitioner in favour of the complainant were dishonoured and despite demand notice issued by the complainant to the petitioner, no payment was made.

(3.) BY order dated 3-1-2000, process was issued against the petitioner. In response to the process, the petitioner appeared before the concerned Magistrate. On 2-5-2001 the complainant moved an application (Exh. 31) for permission to correct the description of the petitioner. The complainant described the accused as Maan Agro Centre through its proprietor. By the said application, the complainant wanted to insert the name of the proprietor viz. Aminullah Khan. The said application was opposed by the petitioner.