ABDUL LATIF SAIYED Vs. BHAGWATI CONSTRUCTION

JUDGEMENT

(1.) By this application under Sec. 482 of the Code of Criminal Procedure (for short "the Code"), the applicant seeks to quash and set aside complaint and order dtd. 20/1/2018 passed by learned Additional Chief Judicial Magistrate, Ahmedabad in Criminal Case No.1132 of 2018 and further proceedings arising thereof.

(2.) Facts of the case are as under :-

(3.) Learned advocate for the petitioners submitted that in the present case of Directors of M/s. ALF Construction Pvt. Ltd have been joined as accused without joining M/s. ALF Construction Pvt. Ltd. as accused. It is submitted that without arraigning Company as accused, its Directors cannot be arraigned as accused for vicarious liability for offence under Sec. 138 of NI Act. Learned advocate for the petitioners takes this Court through statutory notice issued by the complainant dtd. 5/12/2017 (Annexure G). It is submitted that even statutory notice is not given to the M/s. ALF construction Pvt. Ltd. but it is issued to Directors, whereas, disputed cheque was issued by Director on behalf of M/s. ALF Construction Pvt. Ltd. In nutshell, it is submitted that order issuing process for offence under Sec. 138 of NI Act to thepetitioners without joining M/s. ALF Construction Pvt. Ltd. as accused would be abuse of process of law.