Uttarakhand High Court

CRLR/251/2025 on 6 May, 2025

Author: Vivek Bharti Sharma

Bench: Vivek Bharti Sharma

                      Office Notes,
                   reports, orders or
SL.                 proceedings or
No.
        Date
                     directions and                            COURT'S OR JUDGE'S ORDERS
                   Registrar's order
                    with Signatures
      06.05.2025                        CRLR No. 251 of 2025

                                        Hon'ble Vivek Bharti Sharma, J.

Mr. Pawan Mishra, learned counsel for the revisionist.

2. Mr. Bharat Chaudhary, learned counsel for respondent.

3. This revision is filed against the impugned judgment and order dated 01.03.2025 passed by learned 1st Additional Sessions Judge in Criminal Appeal No.185 of 2023 dismissing the criminal appeal by affirming the judgment and order dated 26.06.2023 passed by 3rd Addl. Chief Judicial Magistrate, Dehradun convicting the revisionist for the offences punishable under Section 138 of the Negotiable Instruments Act.

4. Learned counsel for the revisionist/convict would submit that the impugned judgment and order passed by learned trial court as well as learned Appellate Court are unsustainable in the eyes of law as the cheque for which the criminal proceedings has been initiated against the revisionist/convict was issued from the account of the Company, however, the Company has not been made accused in the complaint.

In support of his submission, he relied upon the judgment of Aneeta Hada Vs. Godfather Travels and Tours Pvt. Ltd. (2012) 5 SCC 661, wherein Hon'ble Supreme Court has unequivocally held that a complaint under Section 138 read with Section 141 of the Negotiable Instruments Act is not maintainable against a director or an individual if the company that issued the cheque is not made a party to the proceedings.

5. Learned counsel for respondent seeks and is granted time to file reply/objection to the grounds of the revision.

6. Learned counsel for the revisionist/applicant would submit that an application i.e. I.A. No. 1/2025 is filed by the revisionist/applicant with the prayer that he may be exempted from surrendering.

7. For the reasons stated, the exemption application is allowed. Till the next date of listing, the revisionist/applicant is exempted from surrendering pursuant to aforesaid case.

8. List this case on 25.06.2025.

(Vivek Bharti Sharma, J.) 06.05.2025 Mamta