VIJAY KUMAR DANGE Vs. SAROJ THAKUR AND ORS.

JUDGEMENT

(1.) THIS petition under Section 482 of the Code of Criminal Procedure read with Article 227 of the Constitution of India is directed against the summoning order, passed by the Judicial Magistrate Ist Class, Chamba, whereby the petitioner, who is the Director Marketing, Century Vision Organic Farm Private Limited, has been summoned without arraigning the company as party.

(2.) IT is not in dispute that before instituting the complaint under Section 138 of the Negotiable Instrument Act (for short 'the Act'), a legal notice to this effect was infact served upon the petitioner and one Madan Lal, not in their individual capacity, but because they were the employees of Century Vision (supra), and whereas, no notice, whatsoever, had been served upon this Company.

(3.) THE issue in the instant case is no longer res integra in view of the decision rendered by a larger Bench of Hon'ble Supreme Court in Aneeta Hada v. Godfather Travels and Tours Private Limited and batch matters, : (2012) 5 SCC 661, wherein the Hon'ble Supreme Court held as follows: - -