CHANDRA PAL SINGH Vs. ASHOK LEYLAND LTD

JUDGEMENT

(1.) This petition has been directed under Section 482 of the Code of Criminal Procedure (hereinafter shall be referred as Code) seeking relief to set aside the order dated 21/01/2010 passed by the Additional Sessions Judge, Rewa in Criminal Revision No. 359/2009 and to dismiss the complaint Case No. 277/2006 pending in the Court of JMFC, Rewa under Section 138 of NI Act. Facts giving rise to this petition, in short, are that on 16/10/2003 petitioner entered into a hire-purchase agreement with the respondent, to take loan of Rs. 11,92,264/- to purchase the Truck bearing Chassis No. 215461, Engine No. 243151. On 30/04/2005, petitioner issued cheque No. 102457 of Rs. 1,50,000/-, which was bounced on the ground of "no sufficient balance". Respondent filed complaint under Section 138 of NI Act against the petitioner in JMFC, Rewa on 23/06/2005. On behalf of Ashok Leyland, a complainant was filed by Shri R.S. Chouhan, Manager.

(2.) At the stage of judgment i.e. on 25/08/2009, petitioner filed application mentioning that Ashok Leyland Finance Limited Company is not in existence and Manager Shri R.S. Chouhan was not authorized person to file the complaint, hence any such complaint should not be permitted to continue and should be dismissed.

(3.) The respondent also filed an application before the Trial Court requesting that w.e.f. 29/04/2004 Ashok Leyland Finance Limited Company has been merged with Indusind Bank Limited by the order of the competent court. Shri Praveen Chandra Mishra, has been authorized to continue the complaint.