- (1.) B. K. Rathi, J. The applicant filed a complaint, in which opposite party No. 2 was summoned to stand trial for offence under Section 138 N. I. Act by VIII A. C. J. M. , Agra in Case No. 518 of 1998. Opposite party No. 2 appeared and filed objections for discharge. The same were rejected by the learned Magistrate. Against that order opposite Party No. 2 preferred Criminal Revision No. 422 of 1998, which has been allowed by the XI Additional Sessions Judge, Agra by an order dated 17-4-99. The complainant has, therefore, filed the present revision.
(2.) I have heard Sri Apul Mishra, learned counsel for the applicant, Sri Shri Ram Rawat, learned counsel for opposite party No. 2 and the A. G. a It has been argued that the learned Additional Sessions Judge has relied on the decision of "a. Chinnaswami v. M/s. Bilakchand Gyanchand Co. , reported in 1998 (3) Crimes page 395", and held that the cheque was issued by the Managing Director of the Firm. That therefore, the notice for payment after dishonour of the cheque should have been served on the Company. That no notice was served on the Company and notice was sent to op posite party No. 2. Therefore, the com plaint is bad for want of proper notice. He accordingly discharged opposite party No. 2. However, it appears that the ap proach of the learned Additional Sessions Judge, Agra is not correct. The decision relied upon by him, has been over-ruled by the Hon'ble Supreme Court in the case of ''bilakchand Gyanchand Co. v. A. Chinnaswami, reported in 1999 Supreme Court Cases (Cri.) page 1034. " Therefore, the case referred to by the learned Additional Sessions Judge, Agra is no more a good law. The Hon'ble Supreme Court has laid down that the notice issued to the Manag ing Director of the Company, who signed the cheques, is sufficient and there is no legal infirmity in the notice. It was further observed that if the notice was sent to the Managing Director, it does not mean that no notice was sent to the Company.
(3.) IN view of the above, the decision of the learned XI Additional Sessions Judge, Agra is against the law as has been laid down by the Apex Court and is accordingly quashed. The matter is sent back to the learned Magistrate, before whom the case is pending, for deciding it according to law. The parties are directed to appear before the Magistrate on 25-9-2000 to receive further orders. Revision allowed. .;