K SURESH Vs. ARIHANT HIRE PURCHASE CO LTD

JUDGEMENT

(1.) A number of complaint cases under Section 138 of the Negotiable Instruments Act, 1881 have been instituted by the respondent M/S Arihant Hire Purchase Co. Ltd, against the revision petitioners before the Court of Additional Chief Judicial Magistrate, Kamrup at Guwahati. The complaint cases have been numbered as Complaint Case Nos. 21c/2002,44c/2002, 2814c/2001, 2808c/2001, 1655c/2001, 11lc/2002, 10c/2002, 322c/2002, 1242c/ 2002, 98c/2002 and 1240c/2002. The learned Magistrate by the orders dated 30.1,2002 in Complaint Case No. 21c/ 2002; dated 2.2.2002 in Complaint Case No. 44c/2002; dated 19.12.2001 in Complaint Case No. 2814c/2002; dated 19.12.2001 in complaint Case No. 2808c/ 20021; dated 4.6.2002 and 7.6.2002 in Complaint Case No.l655c/2002; dated 7.1.2002, 26.2.2002, 10.4.2002 and 3.6.20)02 in Complaint Case No. 1 lc/2002; dated7.1.2002,26.2.2002,10.4.2002, and 3.6.2002 in Complaint Case No. 10c/2002; dated 22.2.2002, 11.4.2002 and 4.6.2002 in Complaint Case No. 322c/2002; dated 3.4.2002, 10.5.2002, 6.6.2002 and 1.7.2(002 in Complaint Case No. 1242c/ 2002; dated 8.2.2002,1.4.2002,30.4.2002, 3.6.2C02 and 27.6.2002 in Complaint Case No. 98c/2002 and dated 3.4.2002, 10.5.2002 and 6.6.2002 in Complaint Case No. 1240c/2002 after examining the complainant under Section 200 Cr.P.C. took cognizance and summoned the revision petitioners to appear and face trial. All these orders have been challenged in these revision petitions.

(2.) The revision petitions were heard by a learned Single Judge of this Court. The learned Single Judge referred the matter for consideration, by a larger Bench of the question whether the provisions of Section 197 of the Code of Criminal procedure are attracted in launching criminal proceedings for an offence under Section 138 of the Negotiable Instruments Act against the Directors, officers and employees of a Corporation mentioned in Section 43 of the Road Transport Corporation Act, 1950.

(3.) We have heard Mr. P. C. Deka, learned senior counsel assisted by Mr. S. K. Medhi, learned counsel for the revision petitioners and also Mr. G. N. Sahewalla, learned senior counsel for the respondent.