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The Gujarat High Court held that the applicant, as a director and signatory of cheques, can be accused u/s 319 of CrPC despite non-service of notice u/s 138(b) of N.I. Act. The court emphasized the applicant's responsibility for company conduct. Citing Krisha Texport and Capital Markets case, the court found prosecution without notice valid. Impleadment u/s 319 after statutory period expiry is permissible pre-cognizance. The trial court's order was deemed lawful as no abuse of process occurred. The application was dismissed, and the rule discharged.
The Gujarat High Court held that the applicant, as a director and signatory of cheques, can be accused u/s 319 of CrPC despite non-service of notice u/s 138(b) of N.I. Act. The court emphasized the applicant's responsibility for company conduct. Citing Krisha Texport and Capital Markets case, the court found prosecution without notice valid. Impleadment u/s 319 after statutory period expiry is permissible pre-cognizance. The trial court's order was deemed lawful as no abuse of process occurred. The application was dismissed, and the rule discharged.
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