Anand Byrareddy, J.—Heard the Senior Advocate, Mr. Naganand, appearing for the Counsel for the petitioner and Mr. R.L. Patil, the Counsel appearing for the respondents. The respondent is the complainant before the trial Court alleging an offence punishable under Section 138 of the Negotiable Instruments Act, 1881, against the petitioner and the Court below having taken cognizance, the petitioners are before this Court.

2. The issue raised is to the effect that in view of the law as laid down by the Apex Court by a three-Judge Bench decision in the case of Aneeta Hada v. Godfather Travels and Tours Pvt. Ltd.,II (2012) CCR 195 (SC) : III (2012) SLT 417 : II (2012) DLT (Crl.) 315 (SC) : II (2012) BC 638 (SC): (2012) 5 SCC 661 , any complaint against a Company cannot be brought in the name of its Directors, without the Company being made a party. This is the law as stated by the Apex Court, overruling the earlier decisions which were to the contrary. Therefore, the Court below having taken cognizance in respect of the complaints made only against the Directors as the signatories of the cheques in question, that had been issued on behalf of the Company incorporated under the Compani