ASSAM SAMALL INDUSTRIES DEVP CORPN LTD Vs. M M BISCUITE PVT LTD

JUDGEMENT

(1.) Heard learned counsel for the petitioner. By this common order Crl. Revn. No. 260/2001 and 403/2001 are disposed of.

(2.) Mr A.R. Banerjee, learned counsel appears for the respondent complainant. Alleging dishonour of cheques issued by the petitioner Assam Small Industries Development Corporation Limited, a statutory Corporation, a complaint under Section 138 of the Negotiable Instrument Act was filed by the respondent complainant. Cheques were issued under joint signature of the Managing Director and the Manager finance on 17.01.2001 and 12.12.2000.

(3.) The quashing of the complaint has been sought mainly on the ground that there is no sanction under Section 197 Cr.P.C. Cheques were issued by the Corporation to meet their liability and upon dishonour of the cheques proceedings under Section 138 of the Negotiable Act lies and no sanction under Section 197 Cr.P.C. is required in such case.