Bimal Kumar Agarwal vs The State Of Jharkhand
2022 Latest Caselaw 2105 Jhar

         IN         THE HIGH COURT OF JHARKHAND AT RANCHI
                                Cr.M.P. No. 1296 of 2022
         1. Bimal Kumar Agarwal
         2. Naveen Kumar Agarwal                       .....   ...     Petitioners
                                     Versus
      1. The State of Jharkhand.
      2. Michael Raj                                    ..... ...     Opposite Parties
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CORAM : HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI

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For the Petitioners : Ms Prachi Pradipti, Advocate.

      For the State              :        Mr. Satish Prasad, A.P.P.
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02/ 08.06.2022 Learned counsel appearing for the petitioners submits that although the firm has been made an accused, however, the petitioners have no relation with regard to cheque in question. She submits that one Sunil Kumar Agrawal, who is partner in the firm, has issued the cheque in question. She also submits that no vicarious liability can be fasten upon these petitioners, in view of the explanation of Section 141 of the NI Act. She further submits that the present case is fully covered by the judgment of the Hon'ble Supreme Court in the case of S.M.S. Pharmaceuticals Ltd. Versus Neeta Bhalla & Anr., reported in (2005) 8 SCC 89.

Let notice be issued upon the O.P. No. 2 under registered cover with A/D as well as by ordinary process, for which, requisites etc. must be filed within two weeks.

No coercive steps shall be taken against the petitioners, in connection with C/1 Case No. 644 of 2021, pending in the court of learned Judicial Magistrate, 1st Class, Jamshedpur till the next date of listing.

Let this matter appear on 15.09.2022.

(Sanjay Kumar Dwivedi, J.) Amitesh/-