2012 (11) TMI 1328

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.... Prosecutor ORDER These three Criminal Revision Petitions are filed by 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 Crimin....

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....ed by the petitioner is that a prosecution under Section 138 of the Negotiable 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 cont....

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....e account the petitioner has issued the cheques, signing the same as the authorised 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 cou....

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.... that the petitioner should be given another opportunity to continue the prosecution 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 comp....