LAWS(JHAR)-2023-9-35

ANKIT KUMAR CHOUDHARY Vs. STATE OF JHARKHAND

Decided On September 20, 2023
Ankit Kumar Choudhary Appellant
V/S
STATE OF JHARKHAND Respondents

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) This petition has been filed for quashing the entire criminal proceedings in connection with Complaint Case No.119/2019 including the order taking cognizance dtd. 3/7/2009, pending in the court of the learned Chief Judicial Magistrate, Koderma.

(3.) Mr. Kashyap, learned senior counsel appearing for the petitioner submits that the petitioner happened to be Director of M/s Tirupati Ingots Private Limited. He further submits that he has already resigned on 30/12/2008 and the complaint case was filed on 18/2/2009 arising out of dishonour of cheque. He also submits that prior to that two cases have already been lodged, which are for same transaction. He submits that in view of that, Sec. 300 Cr.P.C. is attracted. He further submits that the learned court has taken cognizance against the petitioner under Sec. 420 and 406 of the Indian Penal Code and Sec. 138 of the Negotiable Instrument Act, which is bad in law. He submits that the allegation was under Sec. 138 of the Negotiable Instrument Act and unnecessarily Sec. 420 and 406 of the Indian Penal Code was added. To buttress his argument, he relied upon the judgment passed by the Hon'ble Supreme Court in the case of J. Vedhasingh v. R.M. Govindan and others, reported in 2022 SCC OnLine SC 1010. He further submits that the company is not made accused and in view of the judgment passed by the Hon'ble Supreme Court in the case of Aneeta Hada v. Godfather Travels and Tours Private Limited, reported in (2012) 5 SCC 661, the case of the petitioner is fit to be allowed.