H.C.MISHRA, J. - (1.) HEARD learned counsel for the petitioner and the learned counsel for the State as also learned counsel for the complainant opposite party No. 2.
(2.) THE petitioner is aggrieved by the order dated 18.01.2012 passed by Sri Akhilesh Kumar, learned Judicial Magistrate, Dhanbad, in C.P. Case No. 1979 of 2011, whereby the learned Judicial Magistrate has upon enquiry made in the complaint case found prima -facie offence against the petitioner under section 138 of the Negotiable Instruments Act (herein after referred to as the 'Act'). The complaint case was instituted by the complainant opposite party No. 2 in the Court of Chief Judicial Magistrate, Dhanbad, which was registered as C.P. Case No. 1979 of 2011. The petitioner has been arrayed in the case as accused in the capacity being the Director of Dagcon India Pvt. Ltd., and there is allegation against the petitioner to have issued the cheque worth Rs.1,49,38,761/ - to the complainant, which was due to him in connection with the work of the Company. As the said cheque bounced, after due notice the complaint case was filed.
(3.) LEARNED counsel for the petitioner has taken a short point in challenging the order finding prima -facie offence against the petitioner. Learned counsel has placed reliance upon the decision of the Hon'ble Supreme Court of India in Aneeta Hada Vs. Godfather Travels and Tours Private Limited, 2012 5 SCC 661, in which it has been held that in view of Section 141 of the Act, arraigning the Company as an accused is imperative for maintaining the prosecution under Section 138 of the Act.;