Punjab State Warehousing … vs Karuna Exports (P) Ltd on 23 March, 2009

Criminal Revision No. 341 of 2009 (O&M)                              1




      In the High Court of Punjab and Haryana, at Chandigarh.


               Criminal Revision No. 341 of 2009 (O&M)

                      Date of Decision: 23.3.2009


Punjab State Warehousing Corporation
                                                              ...Petitioner
                                  Versus
Karuna Exports (P) Ltd.
                                                            ...Respondent


CORAM: HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA.


Present: Mr. Gurmeet Singh, Advocate
         for Mr.A.D.S. Sukhija, Advocate
         for the petitioner.


Kanwaljit Singh Ahluwalia, J. (Oral)

Criminal Misc. No. 6812 of 2009

For the reasons mentioned in the application, delay of 154

days in filing the present revision petition is condoned.

Criminal Misc. Application is disposed off.

Criminal Revision No. 341 of 2009

Punjab State Warehousing Corporation, Head Office at

Chandigarh through its duly authorized person Gurdev Singh, Technical

Assistant, had filed a complaint under Section 138 of the Negotiable

Instruments Act.

Vide summoning order dated 9.12.2005 (Annexure P2)

accused No.1 and 5 were ordered to be summoned to stand trial.

Accused No.1 is Karuna Exports Private Limited, whereas accused No.5
Criminal Revision No. 341 of 2009 (O&M) 2

is Suresh Kumar son of Kalu Ram, Director of M/s Karuna Export

Private Limited.

On 21.5.2008, the Sub Divisional Judicial Magistrate, Rajpura,

had passed the following order:-

“Complaint under Section 138 of Negotiable

Instrument Act.

Present: None.

Death report of accused Suresh Kumar

received back along with copy of certificate. As such,

as per death report accused Suresh Kumar has died

and proceedings against accused Suresh Kumar

stands abated. No other accused was ordered to be

summoned. As such, file be consigned to Record

Room.

Sd/-

                   Pronounced              Sub Divisional Judl. Magistrate
                   21.5.08                           Rajpura".

Counsel for the petitioner has submitted that by death of

Suresh Kumar, the entire complaint will not abate. Accused No.1 is a

company, therefore, a juristic person. It can be prosecuted through legal

representative. Counsel further submits that order was passed in

absence of counsel for the complainant. In pursuance of the summoning

order, accused has not caused appearance. Therefore, it was incumbent

upon the trial Court to afford an opportunity of hearing to the

complainant before pronouncing that complaint has abated.,

After hearing counsel for the petitioner/complainant, impugned

order (Annexure P3) is set aside. The trial Court shall consider the
Criminal Revision No. 341 of 2009 (O&M) 3

whole gamut and the controversy involved after hearing counsel for the

complainant and pass a fresh order.

With the observations made above, the present revision

petition is disposed off.

(Kanwaljit Singh Ahluwalia)
Judge
March 23, 2009
“Sd/DK”