KHIZER IMPEX PVT. LTD. Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of present two petitions filed by the petitioner - original complainant under Article 226 and 227 of Constitution of India read with Sec. 482 of Criminal Procedure Code the petitioner- original complainant has made following prayer in Special Criminal Application No. 764 of 2020 and Special Criminal Application No. 769 of 2020 respectively:-

(2.) Brief facts leading to present petitions can be summarized thus.

(3.) The petitioner, complainant of Criminal Case No. 7675 of 2015 and Criminal Case No. 7674 of 2015 filed proceedings under Sec. 138 of Negotiable Instruments Act and has made prayer to add name of respondent No.3 i.e. M/s. B.M. Infrastructure Industries Pvt. Ltd. and further name of said company be shown as the original accused No.3 in the said criminal cases. Learned Trial Judge vide order dtd. 20/1/2020 passed below Application Exhibit No. 72 and 66 of the petitioner complainant refused to permit and to add the said company as accused No.3 in the complaints filed under Sec. 138 of Negotiable Instruments Act in light of the provisions of Sec. 138 and 141 of Negotiable Instruments Act read with Sec. 319 of Criminal Procedure Code.