1 Amk IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL REVISION APPLICATION NO. 4494 OF 2009 Zulfikar A. Latif Kudalkar .. Applicant Vs. The State of Maharashtra & Anr. .. Respondents Mr. Rajaram Mohan Roy for the Applicant. Mrs. P. P. Bhosale APP for the Respondent State. CORAM : MRS. R. S. DALVI, J. DATE : 15th December, 2009. P.C. 1. This application is taken out for leave to file appeal against the order of acquittal passed by the learned 6th Ad hoc Addl. Sessions Judge, Sewree, Mumbai allowing the appeal and acquitting the accused in a criminal complaint filed under Section 138 of the Negotiable Instruments Act after conviction by the learned Metropolitan Magistrate, 6th Court, Mazgaon, Mumbai. The acquittal essentially granted on the fact that the accused was a director of company and the company is not impleaded along with the directors of such company. 2 2. Under Section 141 of the Negotiable Instruments Act the director-in-charge of and management of the company alone is to be impleaded. In the case of “K. K. Ahuja Vs. V. K. Vora & Anr. (JT 2009 (8) SC 691) it has been held by the Hon’ble Justice R. V. Ravindran that the signatory of the cheque is to be impleaded. The accused is the signatory of the cheque. His liability is complete. He is therefore correctly impleaded. The fact that the other directors are not impleaded is not the reason to acquit the accused. Hence, case for grant of leave to appeal is made out. The appeal on this issue as well as on merits is required to be heard. The application is granted. 3. Appeal is admitted. 4. Call for R & P. 5. Issue notice upon respondent No.2. Hamdast allowed. 6. The applicant shall serve the notice by RPAD and UPC. Notice is made returnable on 1st March, 2010. (R. S. DALVI, J.)