PRASANTA CHANDRA RATH Vs. PRADIP KUMAR PATRA

JUDGEMENT

(1.) Heard the Amicus Curiae, Mr. D.P. Dhal, learned Senior Counsel with Mr. Durga Prasad Dhal, learned counsel for the petitioner and Mr. Prabir Kumar Ray, learned counsel for opposite party.

(2.) The petitioner in the present application filed under Sec. 482 Cr.P.C. seeks to challenge the order dtd. 19/7/2019 passed by learned S.D.J.M., Bhadrak in ICC Case No. 161 of 2019, whereby cognizance was taken of the offence under Sec. 138 of N.I. Act on a complaint filed by the present opposite party.

(3.) The only question that falls for consideration in the present application is, whether the complaint would be maintainable against the Director of a Company without arraigning the said Company as an accused. It is argued by learned Senior Counsel, this issue is no longer res integra in view of the decision of the Apex Court in the case of Anita Hada v. Godfather Travels and Tours Pvt. Ltd. reported in AIR 2012 SC 2795.