Case Note & Summary
The petitioner, Samarth Sahakari Sakhar Karkhana Ltd., through its Managing Director Bajirao Tukaram Pawase, filed a complaint under Section 138 of the Negotiable Instruments Act, 1881 against Govind Shivprasad Choudhari. In the trial court, the accused filed an application for discharge (Exhibit 18) which was rejected. Subsequently, another discharge application (Exhibit 47) was also rejected, and an application under Section 340 Cr.P.C. was also dismissed. The trial court's judgment was in favor of the complainant. However, in revision, the revisional court considered additional grounds not raised before the trial court, including the argument that the complaint should have been filed in the name of the company and not in the name of Bajirao Tukaram Pawase. The revisional court dismissed the complaint. The High Court held that the revisional court exceeded its jurisdiction by considering new grounds not raised before the trial court. The scope of revision under Sections 397 and 401 Cr.P.C. is limited to the grounds raised before the trial court. The High Court set aside the revisional order and restored the complaint to the trial court for further proceedings.
Headnote
A) Criminal Procedure - Revisional Jurisdiction - Scope of Revision - Section 397, 401 Cr.P.C. - The revisional court cannot expand its jurisdiction to consider additional points not raised before the trial court. The revisional court's order dismissing the complaint based on new grounds was held to be beyond its jurisdiction and was set aside. (Paras 1-3)
B) Negotiable Instruments Act - Complaint by Company - Maintainability - Section 138 - A complaint filed in the name of the Managing Director representing the company is maintainable. The revisional court erred in holding that the complaint should have been filed in the name of the company. (Para 2)
Issue of Consideration
Whether the revisional court exceeded its jurisdiction by considering additional grounds not raised before the trial court and dismissing the complaint under Section 138 of the Negotiable Instruments Act, 1881.
Final Decision
The High Court allowed the writ petition, set aside the revisional court's order, and restored the complaint to the trial court for further proceedings in accordance with law.
Law Points
- Scope of revisional jurisdiction under Cr.P.C. is limited to grounds raised before trial court
- Revisional court cannot consider additional grounds not raised earlier
- Complaint under Section 138 NI Act filed in name of Managing Director representing company is maintainable
Case Details
2014 LawText (BOM) (03) 2
Criminal Writ Petition No.187 of 2014
Shri V.D. Salunke for petitioner, Mrs. S.G. Chincholkar, A.P.P. for respondent No.2/State
Samarth Sahakari Sakhar Karkhana Ltd., Ankush Nagar, Tq. Ambad, District Jalna through Managing Director, Bajirao s/o Tukaram Pawase
Govind s/o Shivprasad Choudhari, The State of Maharashtra
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Nature of Litigation
Criminal writ petition challenging revisional court's order dismissing complaint under Section 138 of Negotiable Instruments Act, 1881.
Remedy Sought
Petitioner-complainant sought quashing of revisional court's order and restoration of complaint.
Filing Reason
Revisional court exceeded its jurisdiction by considering additional grounds not raised before trial court and dismissed the complaint.
Previous Decisions
Trial court rejected discharge applications (Exhibit 18 and Exhibit 47) and application under Section 340 Cr.P.C. Judgment was in favor of complainant. Revisional court dismissed the complaint.
Issues
Whether the revisional court exceeded its jurisdiction by considering additional grounds not raised before the trial court.
Whether the complaint under Section 138 NI Act filed in the name of the Managing Director representing the company is maintainable.
Submissions/Arguments
Petitioner argued that scope of revision was limited and revisional court could consider only grounds on which matter was disputed in trial court, not further.
Revisional court considered additional ground that complaint should have been filed in name of company, not in name of Bajirao Tukaram Pawase.
Ratio Decidendi
The revisional court's jurisdiction under Sections 397 and 401 Cr.P.C. is limited to the grounds raised before the trial court. The revisional court cannot expand its jurisdiction to consider additional points not raised earlier. The complaint under Section 138 NI Act filed by the Managing Director representing the company is maintainable.
Judgment Excerpts
Para 6 of the order shows that, at the stage of revision, additional grounds were raised and considering those grounds also, the revision was heard.
The revisional Court considered the complaint. Argument was raised before the revisional Court that the complaint should have been filed in the name of Company and Bajirao Tukaram Pawse could have represented the Company.
Procedural History
Complaint under Section 138 NI Act filed in trial court. Accused filed discharge application Exhibit 18 which was rejected. Another discharge application Exhibit 47 was also rejected. Application under Section 340 Cr.P.C. was rejected. Trial court judgment in favor of complainant. Accused filed revision. Revisional court dismissed complaint. Petitioner filed criminal writ petition in High Court.
Acts & Sections
- Negotiable Instruments Act, 1881: 138
- Code of Criminal Procedure, 1973: 340, 397, 401
