SHALINI PHANSALKAR JOSHI, J.

1. This is a Reference made before us so as to resolve a conflict between two views recorded in two Single Judges Judgments of this High Court. The question framed for Reference is as follows:-

Whether the expression suit or other proceedings in Section 446(1) and the expression suit or proceedings in Section 442, under Chapter II of Part VII of the Companies Act, 1956, include criminal complaints filed under Section 138 of the Negotiable Instruments Act, 1881?

2. The facts giving rise for making of this Reference can be stated, in brief, as follows:-

The Petitioner herein has filed a Criminal Case, being C.C. No. 899/SS/2005, in the Court of Metropolitan Magistrate, 21st Court, Bandra, Mumbai, against Respondent Nos. 2 and 3 for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881, (for short “N.I. Act”). Respondent No. 2 is the Company registered under the Companies Act, 1956, whereas, Respondent No. 3 is its Director. Cognizance of the offence was taken by the learned Magistrate and the process was issued against, both, Respondent Nos. 2 and 3, who appeared and pleaded not guilty, claiming to be tried. The Petiti