Aneeta Hada vs M/S Godfather Travels & Tours Pvt.Ltd on 8 May, 2008
Learned counsel for the petitioner submits as follows. Without
making the Company an accused, a Director of the Company has
been proceeded against in a case under Section 138 of the
Negotiable Instruments Act although the cheque in question was
issued by the said Company. Reliance is placed on the decisions of
the Hon'ble Apex Court in Aneeta Hada Vs. Godfather Travels and
Tours Private Limited reported in (2012) 5 Supreme Court Cases 661
and Standard Chartered Bank Vs. State of Maharashtra & Ors.
reported in (2016) 6 Supreme Court Cases 62. It is pertinent to
mention that there was no proceeding pending against the accused
Company under the IBC, at least till the date of filing of the complaint.
The next date of hearing before the learned Trial Court is in the
month of March, 2022.