PUSHPA ASHOK SINGH THAKUR Vs. KISHAN KARAMCHAND LALWANI

JUDGEMENT

(1.) Heard. ADMIT. Heard finally by consent of the parties.

(2.) This is an application under Section 482 of the Code of Criminal Procedure for quashing the criminal complaint pending against the applicant vide Criminal Case No. 3255 of 2011 in the Court of Judicial Magistrate First Class, Court No. 7, Nagpur. The applicant is facing trial for the offence punishable under Section 138 of the Negotiable Instruments Act. The prime accused in the said complaint case is AGT Infrastructure Pvt. Ltd. The applicant is one of the Directors of the AGT Infrastructure Pvt. Ltd. and she is accused No. 3 before the trial Court. It is submitted by the learned counsel for the applicant that there are no averments against the applicant in the whole complaint and therefore, the complaint may be quashed.

(3.) It was brought to the notice of the learned counsel that the order under challenge could have been challenged before the Sessions Court by way of revision under Section 397 of the Code of Criminal Procedure. The judgment of the Hon'ble Supreme Court in the case of Mohit alias Sonu v. State of U.P., 2013 AllMR(Cri) 3288, particularly paragraph 23 was brought to the notice of the learned counsel. The learned counsel, however, relied upon the judgments of the Hon'ble Supreme Court in the matter of Dhariwal Tobacco Products Ltd. v. State of Maharashtra, 2009 2 SCC 370 and Pepsi Foods Ltd. v. Special Judicial Magistrate, 1998 5 SCC 749. My attention was invited to paragraph 6 of the judgment in Dhariwal Tobacco, which runs as under: