SANTOSH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This petition has been filed by the petitioner under Section 482 of Cr.P.C. being aggrieved by order dated 08.09.2015, passed by Judicial Magistrate First Class, Burhanpur, in Complaint Case No. 2891/2015, whereby the learned Magistrate took the cognizance against the petitioner for the offence punishable under Section 138 of Negotiable Instruments Act, 1881.

(2.) According to case, complainant filed a complaint under Section 138 of N.I. Act impleading the present petitioner and other persons as accused. Complainant is a partner of the Fateh Guru Govind Singh and Company Cotton and Commission Agent, Burhanpur, which is engaged in sales of various kind of cotton and commission agent at Nagpur. Present petitioner is a Director of M/s V.R. Textile and had entered into business transaction with the complainant, as alleged, being a Director, present petitioner is the person who has full kn owledge of disputed transaction. The cheques were issued by co-accused Managing Director of the company and on presentation of the same, the cheques were dishonored by the bank with the endorsement "Account Blocked" on 08.05.2014. Thereafter, the complainant has issued a legal notice on 30.06.2014 to the petitioner and other accused persons. In reply, petitioner has stated that he has resigned from the company on 06.11.2013 and the alleged transaction was made after his resignation, therefore, he was not involved in any transaction as alleged by the complainant.

(3.) Thereafter, the complainant filed a Criminal Complaint under Section 138 of N.I. Act, before Judicial Magistrate First Class, Burhanpur against the present petitioner impleading the company as an accused No. 1 and the learned Judicial Magistrate First Class took cognizance by the impugned order dated 08.09.2015 and has issued process against the petitioner.