Saurabh Agarwal vs State Of U.P. And 2 Others
2017 Latest Caselaw 2736 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 48
 

 
Case :- APPLICATION U/S 482 No. - 18966 of 2017
 

 
Applicant :- Saurabh Agarwal
 
Opposite Party :- State Of U.P. And 2 Others
 
Counsel for Applicant :- Arvind Srivastava
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Bachchoo Lal,J.

Heard learned counsel for the applicant, learned A.G.A. and perused the record.

Learned counsel for the applicant submits that the complaint was not maintainable in the eye of law as the company was not impleaded by the complainant as a party. It has further been submitted that no role of the applicant was assigned in the complaint with respect to the commission of the offence u/s 138 of the N.I. Act. In absence of any criminal intent of committing the offence u/s 138 N.I. Act by the applicant or any role or function assigned to the applicant in committing the offence u/s 138 of the N.I. Act, the complaint filed against the applicant was not maintainable.

Learned  A.G.A. has accepted notice on behalf of State.

Issue notice to the opp. party no. 3 who may file counter affidavit within a period of three weeks. Rejoinder affidavit may be filed within a week thereafter.

List on 11.9.2017.

Till the next date of listing further proceedings of the case no. 1572 of 2017 under Section 138 N.I. Act, pending before Judicial Magistrate, Varanasi shall remain stayed.

Order Date :- 27.7.2017

Gss