ASHOK KUMAR Vs. JIWA NEGI

JUDGEMENT

(1.) The appellant is the complainant, who aggrieved by dismissal of the complaint filed under Section 138 of the Negotiable Instruments Act (for short 'Act'), has filed the instant appeal.

(2.) It would be noticed that the only ground on which the complaint came to be dismissed is that the same was instituted against the Managing Director of a Company without arraigning the Company as an accused.

(3.) However, the question whether such course was open to the learned Trial Magistrate, in fact, is no longer res intergra in view of the decision rendered by a larger Bench of Hon'ble Supreme CourtYes in Aneeta Hada Vs. Godfather Travels and Tours Private Limited and batch matters, (2012) 5 SCC 661, wherein the Hon'ble Supreme Court held as follows:-