SONALI THANAWALA Vs. RAHUL GINNING INDUSTRIES

JUDGEMENT

(1.) This petition under Section 482 of Cr.P.C. has been filed by the petitioner challenging the order dated 10-9-08 taking cognizance of the offence under Section 138 of Negotiable Instruments Act against the petitioner as also the order dated 22-1-09 rejecting the prayer for review of the said order. In brief, respondent No. 1 had filed a complaint under Section 200 of Cr.P.C. alleging commission of offence under Section 138 of Negotiable Instruments Act. The Trial Court on 10-9-08 had heard the arguments of respondent No. 1 on the question of registering the complaint and had taken cognizance of the offence under Section 138 of Negotiable Instruments Act against the petitioner. The petitioner had filed an application for deleting Her name from the array of the parties but the said application was rejected by order dated 22-1-2009 on the ground that after taking the cognizance under Section 204 of Cr.P.C., there is no power with the Magistrate to review the said order.

(2.) Learned Counsel for the petitioner submits that there is no allegation against the petitioner in the complaint and that the petitioner has unnecessarily been added in the complaint only on the ground that petitioner was one of the Director of the Company. He has further submitted that the petitioner had neither signed the cheque in question nor she was responsible for the offence.

(3.) In spite of service of notice respondents have not appeared to oppose the petition.