AMITA GAS SERVICE Vs. RAMAN GUPTA

JUDGEMENT

(1.) This order shall govern the disposal of the M.Cr.C.No.427/10 and 433/10.

(2.) Invoking the extraordinary powers of this court under Section 482 CrPC petitioners have preferred this petition for setting aside the orders dated 7.9.2007 and 8.1.2008 passed by the Special Judge, Gwalior in Criminal Case No.10751/07 and 167/08 whereby on complaint filed by respondents cognizance has been taken against present petitioners under Section 138 of Negotiable Instruments Act.

(3.) As per the averments of the petition, the petitioner No. 1 M/s Anita Gas Service is proprietorship firm and the petitioner No.2 is sole Proprietor of the aforesaid firm. The petitioner No. 2 engaged one Raman Gupta (respondent in M Cr C No. 427/10 to work at Gas Service of petitioner No. 1 on 30.10.1998. Raman Gupta was authorized to deal with bank transaction on behalf of the petitioner No.2 vide Annexure P4, Raman Gupta worked against the interest of the petitioners as he committed various financial irregularities, so he was removed from service on 30.4.2007. While working with the petitioner Raman Gupta obtained one cheque book on 2.12.98 containing 25 cheques that cheque book was with him and Rajesh Modi (respondent in M Cr C No. 433/ 10) is close friend of Raman Gupta and when Raman Gupta and Rajesh Modi handing a gloves with each other prepared a false story of advancing loan of Rs.3,00,000 to the petitioners in cash. On 1.7.2007 cheque No. 949189 dated 6.7.2007 worth Rs.3,00,000 is said to have been issued by the petitioner No. 2 and another blank cheque No. 445351 is prepared by respondent Raman Gupta in his favour. When petitioner no. 2 came to know about the fact that cheque book issued on 2.12.98 containing 25 cheque is missing from the office then the petition No. 2 vide Annexure P 6 lodged a complaint in United Corporated Bank Lashkar that cheque-book issued on 2.12.1998 is missing and prayed that cheques related to that cheque-book are not to be accepted for payment and also lodged a report at police station Janakganj vide Annexure-P7. Raman Gupta and Rajesh Modi then filed criminal case in the Court .of CJM Gwalior under Section 138 and 142 of Negotiable Instrument Act, 1981 as the cheques presented in Bank for encashment are returned by Bank with an endorsement of "stop payment". The aforesaid cases were transferred to Special Judicial Magistrate, who took cognizance vide impugned orders and issued summons to the petitioners, giving rise to this petition.