SUMAN MADANLAL BORA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Returnable forthwith by consent. Respondents waive service

(2.) This petition challenges an order passed by the learned Magistrate issuing process upon a complaint filed for the offences punishable under Section 138 of Negotiable Instruments Act. The order issuing process was also challenged by the petitioner in revision and the revision application was dismissed by Sessions Judge, Pune vide order dated 26th February, 2003. Both these orders passed by the learned Magistrate as well as Sessions Judge are impugned in this petition.

(3.) Mr. Jamdar, learned Counsel appearing in support of this petition contends that the petitioner is original accused No. 6. She is so arrayed because she is mother of Madanlal Bora. The said Madanlal Bora along with petitioner were partners of one Bora Transport Company. Petitioner had resigned/retired from the firm on 22nd June, 2001. The cheque which was subject-matter of the complaint was issued on 23rd November, 2001. Same was dishonoured on 28th November, 2001. Notice (Exh. 8 page 16) was issued on 4th December, 2001. In these circumstances and in the absence of necessary averments in the complaint viz. , that petitioner was responsible for conduct of business of firm being absent in the complaint, as far as petitioner is concerned, same does not disclose any offence much less punishable under Section 138 of the N. I. Act.