HIND SPINNERS, DEWAS Vs. JAGDISH CHANDRA

JUDGEMENT

(1.) THIS order shall also govern the disposal of Cr.R. Nos. 693/08 and 694/08 filed by the petitioner and Cr.R. Nos. 945/08, 946/08 and 947/08 filed by the respondent. In all the criminal Revisions parties are one and the same and question involved is also one and the same, therefore, all these petitions are being disposed of by one order.

(2.) ALL the Revision petitions are against the judgment dated 16.6.2008 passed by Sessions Judge, Indore, whereby the judgment dated 20.11.2007 passed by Special Magistrate, Dewas whereby petitioner was convicted u/s 138 of the Negotiable Instruments Act (which shall be referred hereinafter as an Act) was set aside.

(3.) AFTER filing of the complaint u/s 200 CrPC statement of Santosh Bharti was recorded by the learned trial Court u/s 202 CrPC and after taking cognizance the notices were issued to the petitioner company. After framing of charges respondent company examined Mr. B.S. Nigam as special power of attorney of the respondent company alleging that in compliance of resolution of respondent company passed by Board of Directors of respondent company on 29.6.2004, Shri B.S. Nigam has been authorized to appear and give statement and prosecute the case on behalf of respondent company. After recording of evidence learned trial Court allowed the claim petition filed by respondent company holding that petitioner company has committed an offence punishable u/s 138 of the Act and is liable to pay double of the cheque amount. Being aggrieved by the judgment passed by the learned trial Court an appeal was filed by the petitioner company. After hearing the parties, learned appellate Court allowed the appeal filed by the petitioner company and set aside the judgment passed by the learned trial Court, whereby the case was remanded back to the learned JMFC with a direction to decide the case afresh after recording of evidence. Being aggrieved by the Judgment impugned herein three petitions have been filed by the petitioner company which are numbered as Cr.R. Nos. 692/08, 693/08 & 694/08. Respondent company is also aggrieved by the Judgment and has filed Cr.R. Nos. 945/08, 946/08 and 947/08.