DELTON IMPEX PRIVATE LIMITED Vs. SANJAY DANG

JUDGEMENT

(1.) THIS is an appeal under Section 341 of the Code of Criminal procedure (for brevity `crpc' ). The appellant M/s Delton Impex Private limited is a Private Company registered under the Companies Act, 1956 and is having its registered office at 3-B, Rupchand Roy Street, kolkata (W. B. ). It is aggrieved by the order-dated 22. 08. 2007 passed by District Judge, Katni in Civil Suit No. 5-A/2005. By that order, while directing prosecution of the respondent no. 5 Kuldeep Singh (hereinafter referred to as `r5') for the offences punishable under sections 193 and 205 of the IPC, learned District Judge refused to make a complaint against the respondent nos. 1 to 4 (for short `r1 to r4') under sub-Section (1) of Section 340 of the Code.

(2.) THE background facts may be summed up as under -

(3.) A bare perusal of the impugned order would reveal that learned district Judge, even after taking note of the fact that the reply filed on behalf of R1 to R4 did not bear signatures of anyone of them or their counsel, declined to make complaint against them for the reasons that from the material on record, only R5 appeared to be prima facie responsible not only for falsely representing himself as representative of the Company but also for filing a reply admitting the case of the plaintiffs viz. R1 to R4.