SUDHIR JAIN Vs. GOVINDBHAI PATEL

JUDGEMENT

(1.) BY this common order, both the aforesaid Misc. Criminal Cases are being disposed of.

(2.) BY orders dated 30-8-2001 passed in Criminal Case Nos. 1287/1999 and 1288/99, the learned JMFC, Jabalpur, turned down this objection of the petitioner that the complaints are not filed by the competent person on behalf of the company. The petitioner's challenge to aforesaid order, in his Criminal Revision Nos. 379/2001 and 380/2001, stood negatived by third ASJ, Jabalpur, on 17-4-2002, and hence, the petitioner seeks quashment of complaints registered as Criminal Case Nos. 1287/99 and 1288/99.

(3.) THE respondent filed each of the aforesaid complaints against this petitioner, in the Court of Smt. Usha Shrotriya, JMFC, Jabalpur, under Section 138 of the Negotiable Instruments Act, registered as Criminal Case Nos. 1287/99 and 1288/99, with these allegations that as consideration of the goods which are produced by respondent M/s. J. P. Patel (Mumbai) Pvt. Ltd. , Jabalpur (hereinafter referred as to 'the Company'), of which Sudhir Jain is an attorney, this petitioner issued two cheques each for an amount of Rs. 31,000/- in favour of respondent, which, on being presented for encashment, are dishonoured by the company. The company authorised Govindbhai Patel, posted as Manager of the Company at Jabalpur, to file the private complaint on behalf of the company, who filed the complaints.