ASHOK KUMAR MISHRA Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioner is the accused in a case under Sec. 138 of the Negotiable Instrument Act (hereinafter described as the N.I. Act) which was registered as Complaint Case No. 3070 (C) of 2008. The said complaint case was disposed of by the learned Judicial Magistrate, 1st Class at Patna, holding the petitioner guilty for committing offence under Sec. 138 of the N.I. Act and thereby convicting and sentencing him to suffer simple imprisonment for a term of one year and also to make payment of Rs.3,81,000.00 to the Opposite Party No. 2 in lieu of cheque amount of Rs.2,80,848.00. The petitioner assailed the said judgement and order of conviction and sentence before the learned Additional Sessions Judge, 6th Court at Patna, in Criminal Appeal No. 174 of 2013. The said appeal was dismissed on contest, affirming the judgement and order of conviction passed by the Trial Court.

(2.) Assailing the order of conviction and sentence, which was affirmed by the Trial Court, the accused/petitioner has preferred the instant Criminal Revision.

(3.) It is submitted by the learned Advocate for the petitioner that the Opposite Party No. 2, as one of the partners of M/s Patna Paper Company, filed the complaint under Sec. 138 of the N.I. Act without taking any letter of authorization from other partners. Therefore, the petition of complaint was bad in law as it was not authorized by all the partners of M/s Patna Paper Company.