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2019 (1) TMI 1888 - HC - Companies LawDishonor of Cheque - insufficiency of funds - dispute regarding the status of the Company - HELD THAT:- Merely because Cheque no. 506664 does not bear the seal or stamp of the Company, and the same only bears the signatures of the applicants, it cannot be presumed that the cheque is issued from the personal bank account of the applicants in their personal capacity in wake of the fact that the bank account is in the name of the Company. Thus, once it is established that the cheque, which is dishonoured, is issued from the bank account of the Company, then, as per the law enunciated by the Apex Court in the case of ANEETA HADA VERSUS GODFATHER TRAVELS & TOURS (P.) LTD. [2012 (5) TMI 83 - SUPREME COURT], the impugned complaint is required to be quashed and set aside since it was imperative to arraign the Company as an accused to the impugned complaint for maintaining the prosecution under section 141 of the N.I. Act. In the present case, all the cheques are issued in the name of the Company, except Cheque No. 506664 of ₹ 4,00,000/-. The same bears the signatures of applicants No. 1 and 2, however, it is issued from the bank account of the Company and not from the personal account of applicants No. 1 and 2 - in the considered opinion of this court, the impugned Criminal Complaint No. 43307 of 2016 pending before the court of Chief Judicial Magistrate, Vadodara as well as all consequential and subsequent proceedings arising therefrom are quashed and set aside. Application allowed.
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