9911796707
TMI Blog2021 (8) TMI 378X X X X Extracts X X X X X X X X Extracts X X X X ..... he company is required to be arrayed as an accused and in absence thereof, the proceedings cannot be continued - A perusal of order impugned reveals that the trial court too has taken cognizance and issued process in a mechanical manner in utter disregard of the law laid down by Hon'ble the Apex Court in M/S. PEPSI FOODS LTD. ANR VERSUS SPECIAL JUDICIAL MAGISTRATE ORS [ 1997 (11) TMI 518 - SUPREME COURT] . The criminal proceedings as well as order impugned are quashed - petition dismissed. - CRM (M) No. 440/2019, Crl. M Nos. 1054/2019 and 1287/2019 - - - Dated:- 29-7-2021 - Rajnesh Oswal, J. For the Appellant : A.S. Raju, Advocate For the Respondents : Irfan Mohd. Khan, Advocate ORDER 1. The present petitio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r section 138 of Negotiable Instruments Act before the trial court. After filing of the complaint, learned trial court vide order dated 18.07.2019 took cognizance and issued process against the petitioner herein. 3. The petitioner has questioned both the criminal proceedings as well as order impugned primarily on the ground that once the account was maintained by the company, the complaint could not have been filed against the Director without arraying the company as a party/accused. 4. Mr. A.S. Raju, learned counsel for the petitioner has reiterated the submissions made in the petition. 5. Mr. Irfan Mohd. Khan, learned counsel for the respondent submits that the petitioner was Director at the relevant point of time and was at the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... me stands dishonoured, the company is required to be arrayed as an accused and in absence thereof, the proceedings cannot be continued. 10. A perusal of order impugned reveals that the trial court too has taken cognizance and issued process in a mechanical manner in utter disregard of the law laid down by Hon'ble the Apex Court in M/s. Pepsi Foods Ltd. and another vs. Special Judicial Magistrate and others AIR 1998 SC 128. 11. In view of this, the criminal proceedings as well as order impugned are quashed. At this stage, Mr. Irfan Mohd. Khan submits that the respondent be permitted to avail an appropriate remedy under law. Needless to say that no such permission is at all required. 12. The present petition, is dismissed. - ..... X X X X Extracts X X X X X X X X Extracts X X X X
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