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TMI Blog2012 (11) TMI 1328X X X X Extracts X X X X X X X X Extracts X X X X ..... y the accused in three prosecutions under Section 138 of the Negotiable Instruments Act. The petitioner is the Managing Director of M/s. Parapurath Chitties (P) Ltd., who issued three cheques on behalf of the company as its authorised signatory, to the 2nd respondent each of which is the subject matter of these three Criminal Revision Petitions. Those cheques were dishonoured on presentation for w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ble Instruments Act would not lie against the Managing Director of the Company without arraigning the company also an accused, which has not been done in this case. The petitioner relies on the decision of the Supreme Court in Aneeta Hada v. Godfather Travels Tours Pvt. Ltd. [2012 (2) KLT 736 (SC)], in support of his contention. 3. I have heard the learned Counsel for the 2 respondent complai ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... thorised signatory of the company has not been arraigned as an accused. The petitioner as the Managing Director of the Company alone has been made an accused. Therefore, the ratio of the decision of the Supreme Court is squarely applicable to the facts of this case. 6. In the above circumstances, the judgments of the courts below are liable to be set aside. Accordingly, the judgments of the cou ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... osecution before the Magistrate, after arraigning the company also as an accused in the three cases. Accordingly, the matter is remanded to the Judicial First Class Magistrate's Court-I, Ernakulam for fresh disposal of C.C Nos. 1667, 1668 1669 of 2009. 8. If the petitioners file applications for arraigning the company also as an accused in the three cases, the Magistrate shall consider an ..... X X X X Extracts X X X X X X X X Extracts X X X X
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