MANOJ GUPTA Vs. MUKESH CHANDRA VIRMANI

JUDGEMENT

(1.) This application under Sec. 482 of Cr.P.C. has been filed against the order dtd. 18/2/2021 passed by 6th Additional Sessions Judge, Shivpuri in Criminal Revision No.46/2020 thereby affirming the order dtd. 5/3/2020 passed by JMFC, Shivpuri in Criminal Case No.800018/2006 by which the application filed by the applicant under Sec. 141 of Negotiable Instruments Act has been rejected.

(2.) The necessary facts for disposal of present application in short are that the respondent Mukesh Chandra Virmani has filed a criminal complaint under Sec. 138 of Negotiable Instruments Act on the allegations that respondent had invested in the Firm Navniketan Builders Pvt. Ltd. Thereafter, some professional differences arose between the applicant and the respondent, therefore, the respondent requested the applicant to finalize his accounts and it was also agreed upon between the applicant and the respondent that the goods which are with the company of the applicant would continue to remain with the applicant and the applicant would pay Rs.13,00,000.00 to the respondent. Accordingly, a post dated cheque of Rs.13,00,000.00 was given by the applicant to the respondent. When the respondent deposited the said cheque, it was returned back with an endorsement of 'Insufficient Fund'. Thereafter, the respondent sent a notice to the applicant by registered post dtd. 14/12/2005 but the applicant refused to receive the registered notice but accepted the notice sent by UPC.

(3.) The applicant appeared before the Trial Magistrate and filed an application for dismissing the complaint on the ground that the cheque in question was issued by the firm and, therefore, the firm is the primary accused. Neither, the firm has been impleaded as an accused nor any notice was given to the firm and, therefore, the prosecution of the applicant in absence of the firm is not in accordance with law.