BANK OF RAJASTHAN LTD. Vs. PANAMA CHEMICAL WORKS

JUDGEMENT

(1.) THIS revision is directed against the impugned order dated 2nd May, 2002, passed by I Additional Sessions Judge, Indore in Criminal Revision No. 426 of 2000, wherein and whereby set aside the order dated 25.9.2000 passed by Judicial Magistrate First Class, Indore in Criminal Case No. 668 of 1999 and discharged the non -applicants of the charges under sections l20B, 407, 418 and 420 read with section 34 of the Penal Code.

(2.) THE applicant Bank of Rajasthan through its Branch Manager Mr. B.M. Gupta had filed a complaint before the Court of JMFC, Indore against seven persons including the respondents No. 1 and 2 under sections 120B, 407, 418, 420 read with section 34 of the Penal Code on the allegations that accused No.1 Vijay Kumar Kothari is proprietor of accused No.2 · concern. Accused No.3 is involved in a business of medicines at Kolkata and accused Nos. 4 and 5 are its directors. Accused No.6 is the Transport Company and accused No.7 is its proprietor.

(3.) THE learned trial Magistrate took the cognizance for commission of the offence under section 420/34 of the Penal Code against' all the accused persons, including respondents No.1 and 2 herein. Respondents No. 1 and 2 preferred a revision before the I Additional Sessions Judge, Indore who vide impugned order, discharged them of all the offences.