What remedy when accused are acquitted quoting aneeta hada vs godfather travels

VVS Ramaikrishna (Querist) 25 October 2012 This query is : Resolved
1. Company not made a party (Complaint drafted by Lawyer)
2. Accused acquitted after 4.5 yrs quoting Aneeta Hada vs Godfather Travels 2012(2) JCC (NI) 113.

3. Judgement does not mention about dismissing an application in 2009 under the same reason?

4. Judgement refers to statement recorded u/s 313 Cr.P.C. of March 2011 but does not mention statement recorded in May 2009 where Accused admitted issuing cheque against debt, dishonouring for insufficiency of funds, receiving notice u/s 138 and not paying even then.

5. Judgement says Complainant did not give reasons for not making company a party except stating that the complaint was drafted by Lawyer.

s. 141 does not say any where that it is compulsory to make company a party to proceed against the Directors, so how it is being interpreted that directors can not be proceeded if company is not made an accused?

I'm 63 years and at dire straits. can the experts guide me with any authorities to challenge this order of the lower court in view of the three bench judge order in Aneeta Hada vs Godfather Travels?

What remedy can I seek or get and from where?

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Arun Kumar Bhagat (Expert) 25 October 2012
Earlier directors alone could be prosecuted u/s 141 N.I.Act but after Aneeta Hada vs Godfather Travels Case the law is explained otherwise. It says without 138 N.I.Act, Sec.141 N.I.Act can not come into picture. IT is alike 120B IPC.

My advice is to file appeal against acquittal and hope for overruling of the said judgment in the meantime.

Judgments of the Supreme Court change/reverse frequently.

VVS Ramaikrishna (Querist) 26 October 2012
Thank you Arun Kumarji, for the reply.

I could not understand what you meant to say in these words, "It says without 138 N.I.Act, Sec.141 N.I.Act can not come into picture"

a. cognizance taken was u/s 138 only and accused admitted in his statement that the cheque was issued for liability but dishonored and no payment made despite receiving notice.

b. how can a judgement be passed affter three years when an application was dismissed earlier as without merits for the same grounds? is it not settled law that an order if not challenged becomes well settled law?

V R SHROFF (Expert) 26 October 2012
need to go thru Judgement & Order copy ..

u can file Appeal against the Order.

Arun Kumar Bhagat (Expert) 26 October 2012
Mr.VVS Ramaikrishna,

You filed case under section 138 N.I.Act and cognizance was also taken for this section but the fact remained that the directors come under the purview of sec. 141 N.I.Act. So there is no case against directors u/s 138 N.I.Act. Case u/s 138 N.I.Act lies against the Company which has not been made accused.

VVS Ramaikrishna (Querist) 29 October 2012
Thank you Arunji and Shroffji.

1. Please let me know the grounds on which I can appeal against this acquittal judgement.

2. application in 2009 to dismiss complaint on grounds that company is not made a party was dismissed as without merits.

2a. 2009 order was not challenged even when the order gave liberty to accused to approach High Court.

2b. 2012 judgment acquits on the grounds that company is not made party.

3. Is it legal to pass two different orders during the same proceedings, on same grounds and after three years?