CHANDA DWIJEN BANERJEE Vs. HARSHWARDHAN LABORATORIES P LTD

JUDGEMENT

(1.) This is a petition filed under S. 482 of the Cr. P. C. against the impugned order dated 17-1-2006 passed by Judicial Magistrate First Class, Indore, (Mr. Udaisingh Maravi) whereby after allowing the application filed by complainant/respondent permitted him to add the names of present petitioners as accused Nos. 2 & 3 in the complaint.

(2.) Brief facts of the case which are necessary for deciding the present petition are that respondent complainant has filed a private complaint on 26-4-2003 before the Trial Magistrate against Debco Pharma, 19-A. Paddapukur Lane, Lolkata, West Bengal as accused No. 1 and accused No. 2 Mr. Dwijen Banerjee who was authorized signatory of the said Pharma under S. 138 of the Negotiable Instruments Act (hereinafter shall be referred to as the "Act") and S. 420 of the Penal Code making the averments therein inter alia that Firm Debco Pharma had issued a cheque of Rs. 1,72,924.34 P. to the respondent complainant under the signature of accused No. 2 Dwijen Banerjee and handedover the cheque to the complainant with assurance that he will get the amount after its presentation to the bank.

(3.) In the complaint only Dwijen Banerjee has been named as an authorized signatory of accused No.l Debco Pharma and there is no averment made regarding the present petitioners and their capacity in the said Firm.