PRAKASH KANTHED Vs. MAHESHWARI PROTINS LTD

JUDGEMENT

(1.) BEING aggrieved by the order dated 31. 1. 2006 passed by acjm, Khachhrod in Cr. C. No. 1813/05, whereby the application filed by the petitioner under Section 216 of Cr. P. C, for framing of additional charge under section 138 of Negotiable Instruments Act (hereinafter referred to as the Act)was dismissed, present revision petition has been filed.

(2.) SHORT facts of the case that the petitioner filed complaint with Police Station nagda to the effect that petitioner is engaged in the business of cereals, oilseeds etc. and carrying on the business in the name and style of M/s Devendra Traders at Nagda. It was alleged that Respondent No. 1 M/s Maheshwari Protiens Ltd. , ratlam and its sister concern M/s Marble Agrex Limited were doing business at the relevant time in the year 1996-97 at Ratlam and Mahidpur respectively and respondent No. 3 and 4 are the authorized signatories of the Respondent Nos. and 2. It was alleged that Respondent Nos. 1 and 2 purchased Soyabeen from the petitioner from time to time and against the price of the Soyabeen five post dated cheques duly signed by Respondent Nos. 3 and 4 were given to the petitioner by respondent Nos. 1 and 2 of which details are as under :- <FRM>JUDGEMENT_259_ILR(MP)_2009Html1.htm</FRM>

(3.) IN the complaint it was alleged that the total value of the cheques were Rs. 14,51,000/- and it was further alleged that the cheques were submitted by the petitioner for collection, but the cheque amount could not be credited to the account of the petitioner, because of insufficient funds and dishonest intention on the part of Respondent Nos. 1 to 4, hence it was prayed that the respondents be prosecuted for the offence punishable under Section 420 of IPC and also under section 138/140 of the Act. Upon the complaint lodged by the petitioner on 3. 4. 97, police Station Nagda registered a case against respondents at Crime No. 119/97. However, the petitioner also filed a private complaint on 5. 5. 97 under Section 138 of the Act before the learned JMFC, Khachhrod, Ujjain which was registered as criminal Complaint No. 1026/97. Further case of the petitioner was that the criminal case which was registered at Crime No. 119/97 at Police Station Nagda, charge sheet was filed by the Respondent No. 5 before JMFC on 16. 1. 1998 and the case was registered against the Respondent Nos. 1 to 4 as Cr. Case No. 1813/2005. it was alleged that since there were two cases, one registered under the Negotiable instruments Act as criminal case No. 1026/07 and another under Section 420 of the IPC as Criminal Case No. 1813/05, therefore, vide order dated 27. 4. 1998 learned Judicial Magistrate, First Class directed that both the cases be merged on the ground that in both the cases the facts which are constituting and the parties are one and the same.