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2021 (8) TMI 378 - HC - Indian LawsDishonor of Cheque - insufficiency of funds - criminal proceedings as well as order questioned on the ground that once the account was maintained by the company, the complaint could not have been filed against the Director without arraying the company as a party/accused - HELD THAT:- A perusal of the cheques in question reveals that the said cheques have been issued from account maintained by company namely DSKT Infrastructure Pvt. Ltd. Further, the perusal of the complaint reveals that the company has not been arrayed as an accused. It is evident that whenever a cheque has been issued by the company and the same stands dishonoured, the company is required to be arrayed as an accused and in absence thereof, the proceedings cannot be continued - A perusal of order impugned reveals that the trial court too has taken cognizance and issued process in a mechanical manner in utter disregard of the law laid down by Hon'ble the Apex Court in M/S. PEPSI FOODS LTD. & ANR VERSUS SPECIAL JUDICIAL MAGISTRATE & ORS [1997 (11) TMI 518 - SUPREME COURT]. The criminal proceedings as well as order impugned are quashed - petition dismissed.
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