LAWS(MPH)-2012-5-154

WOCKHARDT LTD Vs. D M PHARMA

Decided On May 18, 2012
Arjun Dev Nagpal Appellant
V/S
M.P. State Industrial Development Corpn. Ltd Respondents

JUDGEMENT

(1.) THIS common order shall govern disposal of all the 12 petitions preferred under Section 482 of the Code of Criminal Procedure (hereinafter referred to as the 'Code'), for quashing of the proceedings pending before ACJM-cum-Special Magistrate (for MPSIDC cases), Bhopal, details of which may be summarized as under: <FRM>JUDGEMENT_1286_TLMPH0_2012.htm</FRM>

(2.) IN each one of these cases, cognizance of the offence punishable under Sections 138 read with 141 of the Negotiable Instruments Act, 1881 (hereinafter referred to as 'the Act') was taken against a company namely M/s. Geekay Exim (India) Limited, Kolkata [formerly named as M/s. Majda East Land Leasing Co. Ltd.), a company registered under the Companies Act, 1956 through its Chairman, the petitioner here, Vice-Chairman, Managing Director, as well as six Directors and Executive Director-cum-Company Secretary, upon a complaint made on behalf of the respondent viz. Madhya Pradesh State Industrial Development Corporation (for brevity "MPSIDC"), a Government Company registered under the Companies Act.

(3.) LEARNED Counsel appearing on behalf of the petitioner have strenuously contended that his prosecution is liable to be quashed as an abuse of the process of the Court on the following grounds: