Mutha Piyali Sekhar v. Rajesh Kataria

IN THE HIGH COURT OF ORISSA AT CUTTACK

CRLMC No. 1780 of 2013 Mutha Piyali Sekhar ....

Petitioner Mr. L.K. Sahoo, Advocate -versusRajesh Kataria and Others ....

Opposite Parties None

CORAM:

THE CHIEF JUSTICE

ORDER

20.05.2022 05.

1. The Petitioner is the wife of the Director of a company which Order No.

has not been made an accused in the complaint case i.e. ICC Case No.267 of 2012 filed by Opposite Party No.2 in the Court of the S.D.J.M., Bhubaneswar under Section 138 of the Negotiable Instruments Act (NI Act) as explained by the Supreme Court in Aneeta Hada v. M/s. Godfather Travels and Tours (2012) 5 SCC 661 without making the company a party, the Director thereof cannot be made a party in such a complaint.

2. On that short ground, vis-à-vis the present Petitioner, ICC Case No.267 of 2012 stands quashed. It is made clear that it will however proceed against other accused persons in the complaint.

3. The petition is disposed of in the above terms.

4. An urgent certified copy of this order be issued as per rules.

5. The Superintendent of the concerned Branch is directed to immediately communicate this order to the concerned Subordinate Court.

(Dr. S. Muralidhar) Chief Justice S.K. Jena/Secy.