RAJEEV GUPTA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) As the above two criminal misc petitions arise out of the same order of cognizance and are based on almost similar facts, they were heard together and thus, are being disposed of by this common order

(2.) The brief relevant facts for the disposal of these petitions are that the non-petitioner-complainant-M/s. Singhal Builders through its partner Shri Kapoor Chand Singhal filed a complaint for offence under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter to be referred as "the Act") against M/s. Satya Prakash & Brothers Pvt. Ltd. Company and its four Directors Shri Satya Prakash, Shri Ghanshyam, Shri Rajeev Gupta and Shri Sanjay Gupta with the averment that the complainant-non-petitioner undertook some road construction work on behalf of the company and for the repayment of outstanding amount Shit Satya Prakash on behalf of the company issued a cheque dated 3.11.2008 for an amount of Rs. 1,67,91,093 and when the complainant presented that cheque for payment in the Bank of Baroda, Nai Mandi, Bharatpur, it was returned un-paid with an endorsement that the account holder has stopped the payment of the cheque. It was also averred in the complaint that the non-petitioner-complainant served a legal notice asking the company and its Directors to make payment of the cheque amount but the demand made by the complainant was not honored. It was also averred in the complaint that M/s. Satya Prakash & Brothers Pvt. Ltd. company is a registered company and Shri Satya Prakash, Shri Ghanshyam, Shri Rajeev Gupta and Shri Sanjay Gupta are its Directors and they were responsible for the business of the company at the time when the disputed cheque was issued and they are also jointly and severally liable to make payment of the cheque amount.

(3.) In support of the complaint, statement of Shri Kapoor Gland Singhal was recorded under Section 200 Cr.P.C., and statement of his witness Shri Om Prakash was recorded under Section 202 Cr.P.C. and the learned trial court i.e. Chief Judicial Magistrate Bharatpur by order dated 29.03.2010 took cognizance against the company as well as all four Directors and ordered that they may be summoned as accused. Feeling aggrieved with the order of cognizance, petitioners of Criminal Misc. Petition No. 1988/2010 Shri Rajeev Gupta and Shri Sanjay Gupta assailed the order by way of Criminal Revision Petition No.84/2010 but without success and the learned revisional court i.e. Additional Sessions Judge No. 2, Bharatpur vide order dated 13.8.2010 dismissed the revision petition filed by the petitioners Shri Rajeev Gupta and Shri Sanjay Gupta. Still dissatisfied they are, by way of Criminal Misc. Petition No. 1988/2010, before this Court with the prayer that both the orders may be quashed and set aside.