PANKAJ AGRAWAL Vs. DEEPAK GOUD

JUDGEMENT

(1.) The present revision application under 401 Code of Criminal Procedure has been filed by three Petitioners, namely, Pankaj Agarwal (Petitioner No. 1), Radheshyam Agarwal (Petitioner No. 2) and Laxmi Chand Agarwal (Petitioner No. 3), who are directors of Shree Ganesh Rolling Mill Private Limited, challenging an order of cognizance dated 10.12.2009 passed in I.C.C. Case No. 671 of 2009 for the alleged offence under Section 138 of the Negotiable Instruments Act, pending before the Court of Learned SDJM, Panposh, Rourkela.

(2.) Mr. Nayak, Learned Counsel for the Petitioners submits that the Petitioners have been impleaded as accused persons in the complaint case by the complainant solely on the ground that they are Directors of the Company and there has been no specific allegation made against them in the complaint petition in regard to any part played by them in the transaction in question.

(3.) In this regard Mr. Nayak placed reliance on the judgment of the Hon'ble Supreme Court in the case of Central Bank of India v. Asian Global Ltd. and Ors., 2010 AIR(SC) 2835.