GULSHAN CHOUDHARY Vs. VINAY

JUDGEMENT

(1.) THE applicant has filed this Misc. Cr. Case No. 14 of 2004, along with Misc. Cr. Case No. 15 of 04 and Misc. Cr. Case No. 16 of 04 under Section 482 Cr. P. C. against the order dated 3. 12. 03 passed by learned 11th Additional Sessions Judge, Indore in a revision confirming the order dated 12. 11. 03 passed by learned Judicial Magistrate First Class, Indore in Cr. Case No. 1042 of 02, 1227 of 02 and 1045 of 02.

(2.) THESE complaints by the respondent Vinay s/o Ramdayal Biyani were filed under Section 138 of the Negotiable Instrument Act, against the applicant on the allegation that the applicant Gulshan w/o Amar Singh, is a director of Shaktiman Auto Fabricators Pvt. Ltd. and the cheques given by the husband of applicant Gulshan, namely Amar Choudhary, were dishonoured and even after the notices given by the complainant the amount was not paid by the applicant of the dishonoured cheques. The learned trial Court recorded the statement of the complaint to all the three complaints and registered the case against the accused No. 1 Shaktiman Auto Fabricaters, accused No. 2 Amar Singh, Managing Director and accused No. 3/applicant the Director.

(3.) THE learned Counsel for the applicant has filed an application before the trial Court that she should be exonerated because she is the sleeping Director of the private company. The learned trial Court has rejected the application of the applicant by order dated 12. 11. 03 in all the three complaint cases.