PRITHVI KRISHNAN Vs. BHUPESH M.RATHOD

JUDGEMENT

(1.) HEARD Mr.Thakur with Mrs.Mishra for the petitioner and Mr.S.K.Jain for Respondent No.1.

(2.) THIS criminal application has been filed challenging the order dated 15/4/1996 passed by the learned Additional Chief Metropolitan Magistrate, 4th Court at Girgaum, Bombay in Criminal Case No.49/s/1994 rejecting the application for discharge dated 3/5/95.

(3.) AFTER the aforesaid private complaint was lodged in the trial court the petitioner applied for discharge on the ground that the petitioner cannot be held liable for criminal offence which is committed by the proprietory concern of which he is only the Manager. The trial court after considering the rival contentions, has found that on the face of it the petitioner-accused is liable. However, the trial court has kept the said question open and rejected the said application giving liberty to the petitioner-accused to raise the same point after evidence of the complainant.