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TMI Blog2020 (2) TMI 1244X X X X Extracts X X X X X X X X Extracts X X X X ..... agar inCriminal Revision No.290 of 2013, 'Devendra Kumar Garg Vs. Pawan Kumar Goel', as well as the entire proceedings of Criminal Complaint Case No.152/9 of 2013, 'Pawan Kumar Goel Vs. Devendra Kumar Garg' under Section 138 of N.I.Act, Police Station-Civil Lines, District-Muzaffarnagar, presently pending before the Court of learned A.C.J.M. IInd, Muzaffarnagar." 2. Heard Shri. Amit Daga, learned counsel for the applicant, Shri. Ajay Kumar Sharma, learned counsel appearing on behalf of the State O.P. No.2 is represented through his counsel Shri. Pankaj Bharti, but none appeared on his behalf even in the revised call and the judgment was reserved. 3. The facts as narrated in the application are as follows: (i) The O.P. No.2 fi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... The applicant being aggrieved by the summoning order dated 17.7.2013 preferred a Criminal Revision No.290 of 2013, before the Additional Sessions Judge, Muzaffarnagar which was dismissed by the learned Sessions Court on 17.7.2013. The applicant thereafter preferred present application for quashing of the order dated 17.7.2013 as well as the order dated 05.12.2015. (iv) Shri. Pankaj Bharti has filed his Vakalatnama on behalf of O.P. No.2 on 22.1.206 however, no counter affidavit was filed despite the matter was listed on many occasions as well as counsel was not even present when judgment was reserved on 07.2.2020. (v) This Court passed the following order on 05.12.2016: "Heard learned counsel for the applicant, learned counsel for the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Khullar@ Bittoo (supra) and S.M.S. Pharmaceuticals Ltd. (supra), matter requires thorough consideration. Learned AGA has accepted notice on behalf of the opposite party no.1. Issue notice to opposite party no. 2. Steps be taken by Registered Post A.D. within a week. All the opposite parties may file counter affidavit within four weeks. Rejoinder affidavit may be filed within two weeks thereafter. List on 25.04.2016 before the appropriate Bench. Till the next date of listing, further proceedings of the aforesaid complaint case shall remain stayed only against the applicant." 4. Shri. Amit Daga, learned counsel appearing on behalf of the applicant submitted that if any complaint under Section 138 of the N.I. Act is filed in resp ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... putation. There can be situations when the corporate reputation is affected when a Director is indicted. 59. In view of our aforesaid analysis, we arrive at the irresistible conclusion that for maintaining the prosecution under Section 141 of the Act, arraigning of a company as an accused is imperative. The other categories of offenders can only be brought in the dragnet on the touchstone of vicarious liability as the same has been stipulated in the provision itself. We say so on the basis of the ratio laid down in State of Madras v. C.V. Parekh (1970) 3 SCC 491, which is a three-Judge Bench decision. Thus, the view expressed in Sheoratan Agarwal v. State of M.P. does not correctly lay down the law and, accordingly, is hereby overruled. T ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... judgment of the High Court. In consequence, the complaint, being C.R.P No. 27/2004 shall stand quashed." (Emphasis supplied) 6. He further relied upon various orders passed by a co-ordinate bench of this Court where on the basis of similar contention relief has been granted to the applicant. Details of said petitions are as follows: (i) Criminal Misc. Writ Petition No.25369 of 2013 dated 19.11.2019; (ii) Criminal Misc. Writ Petition No.24377 of 2013 dated 19.11.2019; (iii) Criminal Misc. Writ Petition No.24632 of 2013 order dated 19.11.2019; (iv) Criminal Misc. Writ Petition No.25491 of 2013 order dated 19.11.2019. 7. Shri. Ajay Kumar Sharma, learned counsel appearing on behalf of the State has not disputed the legal position as submitte ..... X X X X Extracts X X X X X X X X Extracts X X X X
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