ORDER

23.09.2024

1. Heard learned counsel Mr. J. I. Borbhuiya for the petitioner Fatiul Biraj.

2. This application has been filed by the petitioner under Section 528 read with Sections 438/442 of the BNSS , 2023 with prayer for setting aside and quashing the impugned proceeding of NI Case No. 182/2022 pending in the Court of the Additional Chief Judicial Magistrate, Cachar, Silchar and also for setting aside the impugned order dated 09.03.2022 passed by the Court of the Additional Chief Judicial Magistrate, Cachar, Silchar in connection with the aforementioned case.

3. It is submitted that Annexure-2 clearly reveals that the informant has not arrayed the Company as a party. The petitioner is one of the Directors of the Company i.e., M/S South Valley Infracon Pvt.Ltd.

4. The learned counsel for the petitioner has relied on the decision of the Hon’ble Supreme Court which still holds the field in the case of ‘Aneeta Hadda and Ors V/S Godfather Travels and Tours Pvt. Ltd. and Ors reported in (2012) 5 SCC 661 , wherein it is held and observed that :

59. In view of our aforesaid analysis, we arrive at the irresistible conclusion that for maintaining the prosecution under Section 141 of the Ac