9911796707
TMI Blog2018 (4) TMI 419X X X X Extracts X X X X X X X X Extracts X X X X ..... f the IPC. 2. Facts, in brief, giving rise to this petition are that the petitioners are the employees / representatives of the M/s. BVSR Construction Company Pvt. Ltd. On behalf of the aforesaid company, a sub-contract with regard to construction of road was given to the respondent no.2 / Complainant Company. In view of the convenience and implementation of the construction work without hindrances, on behalf of the respondent no. 2 - company, a current Bank account was open in the Central Bank of India, Branch Gadarwara and after getting the cheque book issued by the Bank was handed over to the petitioners being representatives of M/s. BVSR Company after signature on behalf of the respondent no. 2 / complainant company so that the petitio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ements under Section 200 and 202 of the Cr.P.C. and considering the documents submitted by the respondent no. 2 / complainant, took cognizance of the offences against the petitioners. 3. On behalf of the petitioners, the proceeding has been challenged here on the ground that prima-facie there is no material to take cognizance against the petitioners with regard to commission of aforesaid offences. Prima-facie it is a dispute of account with regard to transaction took place under the contract relating to construction of road. Hence, it is purely a civil dispute. This complaint has been filed just a counter blast to take revenge on account of filing complaint under section 138 of the Negotiable Instrument act against the respondent no. 2 / C ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... contentions of learned counsel for the parties and on perusal of the record it is evident that in this case the substance of the grievance is that the cheque book was given after signature with a specific direction to use with regard to payment if required for implementation of contract relating to construction of road but the cheque was used for other purposes than that and efforts were made to encash it and after getting the cheque dishonored, the petitioners' company filed complaint under Section 138 of the N.I. Act against the respondent no. 2 /complainant. It is also evident that the complaint under Section 138 of the N.I. Act has been filed by M/s. BVSR Construction Company, therefore, the beneficiary under the alleged act is the com ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed application in Delhi High Court for quashing of FIR inter alia on the ground that the averments in the FIR do not make out the offence of either Sec. 406 or Sec. 420 as the necessary ingredients under Sections 405 and 415 of the IPC have not been indicated. The respondents also took the ground that the criminal proceeding pursuant to the F. I. R. has been initiated with an ulterior motive and thereby there has been a gross abuse of process of law and as such the FIR should be quashed. The High Court on consideration of the case of the parties and on the materials was of the opinion that the informant himself has already resorted to civil remedy for adjudication by an arbitrator and thereafter having lodged the complaint must be held to h ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... der :- 11. "In the case at hand as the complainant's initial statement would reflect, the allegations are against the Company, the Company has not been made a party and, therefore, the allegations are restricted to the Managing Director. As we have noted earlier, allegations are vague and in fact, principally the allegations are against the Company. There is no specific allegation against the Managing Director. When a company has not been arrayed as a party, no proceeding can be initiated against it even where vicarious liability is fastened under certain statutes. It has been so held by a three-Judge Bench in Aneeta Hada v. Godfather Travels and Tours (P) Ltd. Aneeta Hada v. Godfather Travels and Tours P Ltd., 2012 5 SCC 661 in the c ..... X X X X Extracts X X X X X X X X Extracts X X X X
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