RAJKUMAR MALHOTRA Vs. BHANWARLAL

JUDGEMENT

(1.) BY way of filing the present petition under Section 482, CrPC, the petitioner has challenged order dated 24.07.2004 passed by the learned Judicial Magistrate, Pali in Criminal Case No. 191/2003.

(2.) FACTS mentioned in the petition indicate that the respondent filed a complaint against the petitioner and others before the Additional Chief Judicial Magistrate, Pali under Section 138, Negotiable Instruments Act, stating therein, that Sargam Sputex Ltd. Bhilwara is engaged in processing of suitings and petitioner Rajkumar Malhotra is its Managing Director. It is further stated that the complainant is owner of M/s Anil Dyes and Chemical Company doing business of selling chemicals and, since 1997, he had been selling chemicals to the firm in which the petitioner is Managing Director.

(3.) PER contra, the learned Counsel for the non-petitioner argued that the present petition is not maintainable inasmuch as the petitioner has not challenged the order dated 20.05.2002 and if the petitioner seeks to agitate the validity of the order whereby cognizance has been taken of the offence against him, he must challenge that order. Learned Counsel for the non-petitioner contended that after the recent judgment of the Supreme Court in Adalat Prasad's case the order of cognizance cannot be recalled. Learned Counsel for the non-petitioner contended that at the time of challenging the order of cognizance against the other Directors, it was specifically contended that the present petitioner who is Managing Director of the company was responsible for payment upon the cheques issued by him on behalf of the company, therefore, obviously when notice was served upon the company the petitioner was performing and acting on behalf of the company and as such cognizance taken against him for the offence under Sec tion 138 of the Act cannot be said to be illegal.