powers of the courts under the criminal
justice system to arraign any person as an accused during the course
of inquiry or trial as contemplated ... required to invoke
the power under Section 319 Cr.P.C. to arraign an accused?
Whether the power under Section
trial wherefrom the
Court can prima facie conclude that the person not arraigned
before It Is also involved in the commission of the crime ... person or persons other than the person
or persons already arraigned before it
1.06. Section 319 deals with only one situation, namely,
the complicity coming
prosecution
under Section 138 of NI Act without the company being arraigned
as an accused.
(2) Whether a complaint under Section ... issue where the complaint was lodged only against
the director without arraigning the company as an accused and whether the
company could be subsequently arraigned
date of dishonour of the cheque(s), they could not be arraigned as accused persons. Or else, their contention is that they ... themselves criminally liable to be punished.
5. Accused Nos. 2 to 6are arraigned in their capacity as Directors of the company. The averments, which
Annexure: 'A' to this petition, that six individuals have been
arraigned as accused being partners of a partnership firm running in the
name ... partnership firm, as a legal entity or
juristic person, has not been arraigned as an accused.
2.3 The learned Chief Judicial Magistrate took cognizance upon
well as the IT Act , particularly when such company is not arraigned as an accused.
1.2 Before discussing the background and the sequence of events ... capacity, particularly since the company of which he was MD is not arraigned as an accused.
5.1 Appearing for the State, Ms. Mukta Gupta, learned
that for maintaining the prosectuion
under section 141 of the NI Act, arraigning of a company as an
accused is imperative. According to learned counsel ... Apex Court in the case of
Aneeta Hada (supra) that arraigning of a company as an accused is
ABS 4 of 14
::: Uploaded
filed by the NIA by giving clean chit to the
persons arraigned as accused by the Anti-Terrorist Squad of
avk 19/84
::: Uploaded ... Maharashtra Police and the CBI. Accused persons
arraigned by the NIA in its charge-sheet dated 22 nd May
2013 are as under :
(i) Manohar
under
Section 319 of the Code of Criminal Procedure, 1973,
praying to arraign the respondent No.3 herein as an
accused.
3. The facts giving ... reasons the father of the original accused
namely Bhemabhai Rabari was not arraigned as an
accused in the crime.
Page
case. It is submitted
that in the absence of the Petitioner being arraigned as an accused,
there is no propriety or jurisdiction with Respondent ... have been issued in respect of
the Petitioner, since he is not arraigned as an accused in any
criminal case. Learned senior counsel further relied
