CHANDRAKANT B GARWARE Vs. JAYHEET INVESTMENTS PVT LTD

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) By this petition, the petitioner challenges the order dated 13th March, 2002 passed by the Court of Sessions confirming the order dated 18th February 1999 passed by the learned Metropolitan Magistrate refusing to recall the process.

(3.) M/s Jay Heet Investments Pvt. Ltd (hereinafter referred to as "the complainant") filed a complaint bearing Criminal Case No. 64/S/95 of 1994 against Garware Paints Ltd (hereinafter referred to as "the company"), Mr. R. Venkateshan, Dy. Managing Director of Garware Paints Ltd and Mr. C. V. Subramaniam, an Officer of Garware Paints for an offence punishable under section 138read with section 142 of the Negotiable Instruments Act. After recording the verified statement, the learned Magistrate issued process against all the three accused. Thereafter, the complainant made an application for adding Mr. Chandrakant B. Garware, the petitioner herein who was the Managing Director of the Company, and six other directors/officers of the company as party accused on the ground that they were also in charge of and responsible for its affairs to the company. The application was allowed. The order adding the applicant and other directors/officers as party accused was challenged in this Court by them by filing Criminal Application No. 429 of 1997 under section 482 of the Code of Criminal Procedure. When that application came up for hearing, counsel for the complainant stated that the complainant did not wish to prosecute the complaint against added accused except the present petitioner who was the Managing Director of the Company. In view of this statement, the applicants therein sought leave of the court to withdraw the criminal application No. 429 of 1997. By an order dated 3rd December 1997, this court allowed the withdrawal. Thus, by virtue of withdrawal of the Criminal Application No. 429 of 1997, the order joining the present petitioner as a party-accused No. 4 to the complaint has become final.