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TMI Blog2014 (5) TMI 1238X X X X Extracts X X X X X X X X Extracts X X X X ..... sar in criminal complaint titled as Tarun Bindal v. Jai Switches Private Limited qua imposition of condition No. II. It is stated in the petition that petitioner company has been falsely implicated in the aforesaid case at the instance of the complainant. The facts as given in the petition are that respondent No. 2 filed a criminal complaint under the provisions of Section 138 of the Negotiable Instruments Act, 1881. The complainant in the complaint had arrayed the present petitioner as accused No. 1 and No. 2 on the basis of two different addresses. However, the fact remains that both accused No. 1 and No. 2 are one and the same entity. On 11.02.2006, learned JMIC, Hisar passed the summoning order against the petitioner company and was ple ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ized representative of the company. Accordingly, on 19.02.2014, the petitioner company had filed an application for appointing an authorized representative. It is also stated in the petition that notice of the application was issued and after hearing other party, the trial Court was pleased to allow the application but has imposed the following conditions:- "I. That all the proceedings taken before the appointment of Mr. Jitender Taneja applicant, against the accused company in presence of Mr. P.C. Minda shall not be set aside and shall be deemed to be taken in the presence of Mr. Jitender Taneja. II. Mr. Jitender Taneja shall file a bond in the sum of ` 50,000/- with one surety in the like amount, undertaking to represent the company o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ell as learned State counsel. 6. First of all, I find that Section 305 Cr.P.C. deals regarding procedure to be adopted when corporation or registered society is an accused, which reads as under:- "305. Procedure when corporation or registered society is an accused. (1) In this section, "corporation" means incorporated company or other body corporate, and includes a society registered under the Societies Registration Act, 1860 (21 of 1860). (2) Where a corporation is the accused person or one of the accused persons in an inquiry or trial, it may appoint a representative for the purpose the inquiry or trial and such appointment need not be under the seal of the corporation. (3) Where a representative of a corporation appears, any req ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ppears, any requirement of this Code that anything shall be done in the presence of the accused or shall be read or stated or explained to the accused, shall be construed as a requirement that thing shall be done in the presence of the representative etc. and any requirement that the accused shall be examined shall be construed as a requirement that the representative shall be examined. Clause 4 of this Section states that where a representative of a corporation does not appear, any such requirement as is referred to in sub-section(3) shall not apply. 8. Therefore, the above laid procedure clearly shows that if any representative does not appear, then the condition that he shall be examined or anything is to explained to representative or ..... X X X X Extracts X X X X X X X X Extracts X X X X
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