JUDGMENT

Sudip Ahluwalia, J. - This Application is directed against the Complaint No.206 Dated 29.3.2005 filed on behalf of the Respondent against the Petitioner under section 138 of the Negotiable Instruments Act, 1881 (in short "N.I.Act"), as also the Summoning Order passed by Ld. Judicial Magistrate Ist Class, Chandigarh on 16.9.2005. The impugned Summoning Order as well as all the consequential proceedings in the Ld. Trial Court are sought to be challenged in view of the fact that the complaint was made against the Petitioner in his capacity as Managing Director of 'Sadhana Phosphates and Chemicals Ltd.' without impleading the Company itself as an accused.

2. It is the contention of Petitioner that in view of the decision of Supreme Court in ' Aneeta Hada vs. M/s Godfather Travels and Tours Pvt. Ltd.' 2012 (2) R.C.R. (Criminal) 854, arraigning of a Company as an accused for an offence under the N.I.Act is imperative, and where the complainant simply seeks prosecution of the Director without arraying the Company as an accused, such prosecution becomes liable to be quashed. The Orders of the High Court whereby the prayer for quashing the complaint proceedings in such situation wer