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2009 (3) KantLJ 253
High Court of Karnataka
THE HONOURABLE MR. JUSTICE K. RAMANNA
Govind Ram Chanani – Appellant
Versus
Latha & Another - Respondent
Criminal Appeal No. 553 of 2005 connected with Criminal Appeal Nos. 554 to 560 of 2005
Date of Judgment : 23-01-2009

Appearing Advocates: For the Appellant :Mohd. Usman Shaikh, Advocate. For the Respondents:A.N. Radhakrishna, Advocate.

Headnote:NEGOTIABLE INSTRUMENTS ACT, 1881, Sections 138, proviso (b) and 142(a) - Criminal Procedure Code, 1973, Sections 200 and 203 – Where the cheque is issued to a partnership firm, but the demand notice under the Act was issued by the Manager describing himself as sole proprietor of the firm in stead of being issued in the name of Managing partner of the firm, the dismissal of complaint by the Magistrate notwithstanding admission of the liability by the accused is upheld notwithstanding belated efforts to rectify the cause title of the complaint.

Judgment :

All these appeals filed by the appellant-Govind Ram Chanani stated to be the authorised representative of M/s. Alloy Steel Emporium, Mathikere, Bangalore under Section 378(4) of the Criminal Procedure Code, 1973 to set aside the order dated 8-2-2005 passed by the 18th Additional CMM and 20th Additional Small Causes Judge, Bangalore in C.C. Nos. 29538, 29138, 29139, 28960, 29540, 29137, 28961 and 29539 of 1999 allowing I.A. filed by the respondents/accused in the respective cases and consequently acquitted the respondents.

2. Thecase of the appellant is that appellant-Govind Ram Chanani described himself as a proprietor, M/s. Alloy Steel Emporium issued legal notice to respondents calling upon them to make good the cheque amount issued by them in favour of M/s. Alloy Steel Emporium but dishonoured by their banker for insufficient funds. The respondents did not comply with the demand of notice. Therefore, appellant filed complaints against respondents for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881. The Court below, after taking cognizance, secured the presence of respondents and recorded their plea. Since the respondents pleaded not guilty, the matter was posted for evidence of complainant-appellant, at that time, appellant filed an application in all these cases stating that in fact, appellant-complainant is a partnership concern of Sri Bhom Saraogi and Smt. Anandi Devi Saraogi and that Govind Ram Chanani is in-charge and Manager of M/s. Alloy Steel Emporium and in addition to that, partners of the firm executed GPA dated 1-12-1991 in his favour empowering him to do all acts which partners are concerned to do it. But while issuing demand notice to respondents and while filing the complainant, inadvertently, the complainant-M/s. Alloy Steel Emporium was wrongly shown as proprietary concern of Govind Ram Chanani, that the said wrong description was unintentional and the same is a result of mistake. The said mistake crept in, owing to improper communication. If the said mistake is rectified, the same will in no way affects or prejudices the respondents. One of the partner's of the firm is his wife and another partner is his brother-in-law. In fact, Govind Ram Chanani is whole and sole of the said business. Therefore he sought permission of the Court by filing an application to correct the cause title as M/s. Alloy Steel Emporium represented by Mr. Govind Ram Chanani.

3. The respondents herein objected the said application filed by appellant, on various grounds and had also filed application under Section 258 of the Cr. P.C. in all the cases praying to dismiss the complaints, contending that the complaints are not maintainable in the eye of law and the complainant cannot be allowed to correct his mistake at the belated stage and cannot allow any third party to enter appearance in the case. Hence, it is prayed to dismiss the complaint.

4. After hearing both sides and considering the materials placed before it, Trial Court dismissed the applications filed by appellant seeking permission of the Court to correct record, on the other hand, allowed the applications filed by the respondents seeking for dismissal of complaints, consequently acquitted the respondents. Hence, these appeals. However, the appellant herein is challenging only the order of acquittal passed by the Trial Court and he is not challenging in these appeals the order passed by Trial Court dismissing his application filed for correction of mistakes crept in the records.

5. Heard the arguments of learned Counsel for the petitioner as well as learned Counsel for respondents. Perused the records.

6. Keeping in mind the arguments advanced at the bar, the point that arises for consideration is, whether the order dated 8-2-2005 passed by 18th Additional CMM and 20th Additional Small Causes Judge, Bangalore in the aforesaid criminal cases dismissing, the complaints filed by appellant is perverse, incorrect and illegal?

7. It is c






















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