ROITONG SINGPHO Vs. AMIT GOEL

JUDGEMENT

(1.) The issue involved in both the criminal revisions is the same and thus as agreed to by the learned counsel for the parties, were heard analogously and are being disposed of by this common judgment and order. While in the first case, the proceeding is concerned with complaint case No. 173(C)/03 pending in the Court of learned SDJM (S) Tinsukia, in the second proceeding it is concerned with the complaint case No. 174 (C)/03 pending in the Court of the learned Chief Judicial Magistrate, Tinsukia. Both the proceedings are in respect of the same very petitioner. However, the complainants in both the proceedings are different. But the nature of the complaint in both the proceedings is the same and the issue involved is also same. Hence the facts as involved in the first case is taken up for consideration. Suffice is to say that while in the first case the, cheque in question stated to have been bounced/returned is for an amount of Rs. 18,00,000/- in the second case, the cheque amount is Rs. 20,00,000/-.

(2.) By the application being criminal revision No. 427/03 filed U/s. 482 Cr. P.C., the petitioner seeks quashing of the criminal proceeding in case No. 173 (C)/03 pending in the Court of the learned S.D.J.M., Tinsukia. The petitioner is a Public Distribution System whole sale nominee of Changlang District in the State of Arunachal Pradesh. A license for collection of distribution of PDS materials was issued to her on 03.09.98 by the Deputy Commissioner, Changlang. The petitioner floateda firm under the name and style of M/s R S. Trading Company having its head office at Mudai Diyun Circle, Dist. Changlang, A,P. The firm is proprietorial one and the petitioner is the sole proprietor of the firm. All dealings with the firm are in the name of the firm.

(3.) The petitioner being unable to look after and manage the affairs of the proprietorial firm, she nominated/constituted and appointed one Shri Pisi Jawali Singpho Miao and one Shri Nanda Krishore Goel of Bordumsa Bazar, Dist. Changlang, A.P. as her attorneys to look after and manage the affairs of the firm relating to the works in respect of the PDS nomineeship. Such authorization was also in respect of opening and operation of the Bank accounts in any bank at Tinsukia in Assam, Miao, Bordumsa, Changlang etc. in the name of the firm, M/s. R. S. Trading Company.