KAPTAN SINGH THAKUR Vs. BETWA DEVELOPERS LTD

JUDGEMENT

(1.) This revision petition has been filed by the petitioner/accused against the order dated 24-5-2005 passed by Additional Chief Judicial Magistrate, Bhopal in Case No. RT267/2004 rejecting the objections of petitioner in regard to framing of the charge against the applicant under Section 138 of the Negotiable Instruments Act, 1881 (in short 'the Act') and framing charge against him under Section 138 of the Act.

(2.) The respondent company filed a complaint against the petitioner under Section 138 read with Section 141 of the Act and Section 420 of IPC. The trial Court registered the complaint and thereafter by the impugned order has framed the charge under Section 138 of the Act against the petitioner.

(3.) In brief the case of complainant as setforth in the complaint is that the complainant is a limited company registered under the Companies Act, 1956 having its registered office at the address mentioned in the complaint. In the meeting of the Board of Directors of complainant company held on 27th February, 2004, Mr. Sudhir Namdeo was appointed on behalf of the company to attend, appear and argue and sign the relevant papers on behalf of the company. The petitioner/accused is known to Mr. S. K. Jain who is the Director in the complainant company and on the request of the accused, Mr. S. K. Jain and other Director had given financial help to the accused and accused had always promised to pay back the outstanding amount. During such one meeting on 1 -10-1999 the accused had given account statement figured Rs. 6,45,851/- as outstanding on the date and promised to pay the amount.