B S TRADING CORPORATION & ANOTHER Vs. KRIBHCO SHYAM FERTILIZER LIMITET
LAWS(UTN)-2012-10-96
HIGH COURT OF UTTARAKHAND
Decided on October 17,2012

B S Trading Corporation And Another Appellant
VERSUS
Kribhco Shyam Fertilizer Limitet Respondents

JUDGEMENT

- (1.) Having heard learned Counsel for the parties and on going through the papers on record, it transpires that Kribhco Shyam Fertilizer Limited (for short, Kribhco) is a company duly incorporated under the Companies Act. This company, through its duly authorized attorney Dr. RVS Chahar, Sr. Marketing Manager, Kribhco, Dheradun, filed a criminal complaint case no. 1106/2008 against the accused applicants. Said complaint was lodged on 19.9.2006 under Section 138 read with Section 142 of the Negotiable Instruments Act against the present applicants petitioners as a cheque of rupees twenty two lakhs issued by the accused applicants towards the discharge of their legal liability got dishonoured.
(2.) Learned Magistrate took cognizance in the matter on 15.2.2007 and asked the accused applicant no. Balvinder Singh, who is proprietor of M/s BS Trading Corporation (applicant no. 1) based at Rudrapur, to stand trial for the said offence.
(3.) At the outset, objections vide application dated 30.6.2008 were raised by the accused against the 2 cognizance order, but the same were rejected by the learned Magistrate. Thereafter a revision no. 99/2009 was preferred, which was also dismissed by the Sessions Judge, Dehradun on 7.8.2008. Consequently, trial began and after examination of Dr. RVS Chahar as PW1, an application was moved by accused Balvinder Singh on 16.9.2008 with the prayer to treat the evidence of Mr. Chahar as otiose alleging that he was not a valid and proper power of attorney of Kribhco. Objections were made against the said application by the company on 18.9.2008. Learned Magistrate dismissed the said application dated 16.9.2008. Feeling aggrieved, the instant petition under Section 482 CrPC has been filed before this Court seeking to quash the entire proceedings of Criminal Complaint Case No. 1106/2008 pending in the Court of Special Judicial Magistrate Ist, Dehradun.;


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