ASHOKBHAI NATHALAL MANVAR Vs. BHAVSINH GULABSINH JADEJA

JUDGEMENT

(1.) By way of this petition under Sec. 482 of the Cr.P.C. the petitioner has prayed following reliefs :

(2.) The brief facts of the case are as under :

(3.) Learned advocate for the petitioner accused assailed the issuance of process in a criminal case filed u/s 138 of the Negotiable Instruments Act, 1881 (in short "the Act") mainly on the ground that the cheque in question, which was returned unpaid and the prosecution was launched u/s 132 of the Act, has been drawn by the private limited company i.e. Jitendra G. Patel Project Limited and the petitioner accused is the signatory to the said cheque. He would further submit that though the petitioner has been arraigned as accused of the company having legal entity, has not been arraigned as accused in the criminal case. He would further submit that therefore, legal bar u/s 141 of the Act applies to the present case. He would further submit that in absence of the company, the accused being Director of the company, who is vicariously liable, cannot be sent for facing trial.