MULCHAND SHAH Vs. STATE OF BIHAR

JUDGEMENT

(1.) In this application, the petitioners prayed for quashing the order, dated 22.6.1996 passed in CP Case No. 87 of 1995 by which the learned Chief Judicial Magistrate, Chas took cognizance for the offence under Sections 468/469 and 471 of the Indian Penal Code.

(2.) Short facts giving rise to this application is that the complainant had given notice on 3.7.1991, 18.7.1991 and 26.7.1991 alleging about bungling, malpractice and fraudulent drainage of public money by Steel Authority of India Limited allegedly in collusion with M/s. Simplex Engineering and Foundary Works Ltd. It is further alleged that at the strength of forged, fabricated and self-created power of attorney on behalf of Steel Authority of India Limited through S.P. Dard, Chief Law Officer, SAIL. It is further claimed that the said power-of-attorney conferred on accused No. 4, namely, G. Singh, Deputy Chief Personnel Manager lacks approval of competent authority in Civil Suit No. 27-B/93. Shri S.P. Dard, Chief Law Officer was the holder of power-of-attorney and was made without approval of the competent authority and as such, a huge money has been misappropriated. Inquiry under Section 202 of the Code of Criminal Procedure was held and the learned Chief Judicial Magistrate took cognizance by the order impugned.

(3.) On the other hand, counter-affidavit has been filed on behalf of opposite party No. 2/complainant claiming therein that in wrongful act committed by a firm is the responsibilities to its Proprietors/Executives and the petitioners cannot be escapt from the wrongful act committed on behalf of the company. It is also submitted that the instant complaint case has no concern with C.P. Case No. 225/1991 and Cr. Misc. No. 2986 of 1993(R). It is further alleged that the petitioners have been engaged to cheat the Government undertaking like Steel Authority of India Limited and as such, prayer of the petitioners in the quashing application is not maintainable and fit to be dismissed.