Antraryami Badu And Another vs Sudhanshu Sekhar Badajena
2023 Latest Caselaw 2067 Ori

                  IN THE HIGH COURT OF ORISSA AT CUTTACK
                                     CRLMC No.1628 of 2018


            Antraryami Badu and another            ....           Petitioners
                        Proxy Counsel on behalf of Mr. A. K. Kar, Advocate
                                      -versus-
            Sudhanshu Sekhar Badajena              ...        Opposite Party
                                                         Mr. Sidhant, Advocate

            CORAM:
            THE CHIEF JUSTICE
                                          ORDER

Order No. 10.03.2023

08. 1. One of the pleas raised by learned counsel for the Petitioners is that the Company that issued the cheque has itself not been made an accused and, therefore, notice could not have gone only to its Directors. Reliance is placed on the judgment of the Supreme Court of India in Aneeta Hada v. Godfather Travels and Tours (P) Ltd. (2012) 5 SCC 661 that for the purpose of the offence under Section 138 of the NI Act, without the company which issued the cheque being arrayed as an accused, it is not possible for the complainant to proceed only against the Directors.

2. Learned counsel for the Complainant-Opposite Party seeks some time to examine the matter.

3. List before the roster Bench on 4th May, 2023. The interim order passed earlier shall continue till then.

(Dr. S. Muralidhar) Chief Justice

M. Panda