M/S Cytech Coatings Private Ltd. ... vs State Of Gujarat
2023 Latest Caselaw 771 Guj

     R/CR.MA/1880/2023                                     ORDER DATED: 31/01/2023




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

             R/CRIMINAL MISC.APPLICATION NO. 1880 of 2023
                 In R/CRIMINAL APPEAL NO. 214 of 2023
                                 With
                   R/CRIMINAL APPEAL NO. 214 of 2023
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     M/S CYTECH COATINGS PRIVATE LTD. THRO ITS AUTHORIZED
         REPRESENTATIVE RAMAKANT RAMCHANDRA SHUKLA
                            Versus
                      STATE OF GUJARAT
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Appearance:
MR SHUBHAM JHAJHARIA(10231) for the Applicant(s) No. 1
for the Respondent(s) No. 2,3,4
MS MONALI BHATT ADDL. PUBLIC PROSECUTOR for the Respondent(s) No. 1
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  CORAM:HONOURABLE MS. JUSTICE NISHA M. THAKORE

                                Date : 31/01/2023

                                  ORAL ORDER

CRIMINAL MISC. APPLICATION NO.1880 of 2023:

1. Rule. Ms. Monali Bhatt, learned APP waives service of Rule on behalf of the respondent No.1 - State.

2. This is an application seeking leave to appeal filed under Section 378(4) of the Code of Criminal Procedure, challenging the judgment and order of acquittal dated 30.08.2022 passed by the learned Additional Chief Judicial Magistrate, Vapi, in Criminal Case No.3772 of 2015. By the said judgment and order, the learned Magistrate has recorded the order of acquittal of respondent Nos.2 to 4 - original accused for the offence punishable under Section 138 of the Negotiable Instruments Act.

3. Heard Mr. Shubham Jhajharia, learned advocate for the applicant. He has invited attention of this Court to the reasons recorded by the trial Court. He submitted that on the sole ground of

R/CR.MA/1880/2023 ORDER DATED: 31/01/2023

non-joinder of Company as accused in the complaint, the complaint filed by the present applicant came to be rejected. He has invited attention of this Court to Section 141 of the Negotiable Instruments Act. The complainant had made specific averments in the complaint and has also deposed before the Court that the present respondent Nos.2 to 4 were the In-charge as Directors of the Company. He further submitted that the accused have not disputed the signature on the disputed cheque. In such circumstances, the Directors being In-charge of the affairs of the Company being necessary and proper parties were already on record on behalf of the Company. He further invited attention of this Court to the explanation provided under Section 141 of the Negotiable Instruments Act, whereby for the purpose of this Section, the term "Company" has been explained as any body corporate and includes a firm or other association of individuals and under Clause (b) the term "Director" is explained as "Director", in relation to a firm, means a partner in the firm. He therefore, submitted that the trial Court committed grave error in recording the order of acquittal.

4. Considering the grounds raised in the memo of Appeal and the arguments canvassed by the learned advocate for the applicant, present application requires consideration. Hence, present application seeking leave to appeal is allowed. Rule is made absolute.

CRIMINAL APPEAL NO.214 of 2023:

ADMIT. Learned APP waives service of notice of admission on behalf of respondent-State.

R/CR.MA/1880/2023 ORDER DATED: 31/01/2023

Issue bailable warrant in the sum of Rs. 10,000/- each against private respondent Nos.2 to 4.

Registry is directed to call for Record and Proceedings.

(NISHA M. THAKORE,J) Y.N. VYAS