LAWS(BOM)-1996-4-119

P. RAJARATHINAM Vs. STATE OF MAHARASHTRA

Decided On April 18, 1996
P. Rajarathinam Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) THE order issuing process against the petitioner for the offence under Section 138 of Negotiable Instruments Act is impugned in each of these petitions. The case made out by respondent No. 2 - original complainant is of delivery of cheques by respondent No.8 - company of which the petitioner is the director. Then the cheques were bounced usual notice was given and thereafter the complaint came to be filed in the Court of Metropolitan Magistrate 13th Court, Dadar by respondent No.2.

(2.) THE learned Magistrate after recording the verification statement of respondent No. 2 issued process.

(3.) THE second contention of the petitioner is that on the averment made in the complaint that the petitioner is one of the directors in charge of and responsible for the conduct of business of the company, no case for issuing or process has been made out and in view of the decision of the Supreme Court in Municipal Corporation of Delhi v. Ram Kishan Rohtari, AIR 1983 SC 67, the order issuing process against the petitioner is liable to be quashed.