MAHIL FIBERS Vs. SAAI AGRO INDUSTRIES PLANT

JUDGEMENT

(1.) THIS is a petition under Section 482 of the Code of Criminal Procedure preferred by petitioner complainant for quashment of the impugned order dated 5-8-04 in Criminal Case No. 831 of 03 whereby the learned Trial Magistrate dismissed the complainant and discharged the respondent of the offence on the ground that complaint was filed by Power of Attorney Holder of the complainant and therefore no cognizance could be taken.

(2.) THE said impugned order was challenged by petitioner complainant by filing Cri. Revision before Addl. Sessions Judge, Khargone which has also been dismissed vide order dated 20-5-05. That is how petitioner complainant has come up before this Court.

(3.) SHORT facts of the case are that a private complaint was filed against the respondents for commission of offence under Section 138 of Negotiable Instruments Act (hereinafter shall be referred as the "act") on behalf of Mohil Fibers Bhikangaon, through Power of Attorney Holder Basant Kumar Jain who is said to be Power of Attorney Holder of Sachin Kumar Jain. Mr. Basant Kumar Jain was examined by the Trial Court under Section 200 of the Code and thereafter cognizance of the offence under Section 138 of the Act has been taken.