1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Criminal Application No. 3767/2008 Harjeetsingh Bhatia Vs. Ganeshshingh Bharatsingh Baghel & another. --------------------------------------------------------------------------------------------------- -------- Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's order Judge's orders and Registrar's order ------------------------------------------------------------------------------------------------------------ Coram : A.P. Lavande, J. Dated : 13th April 2009. Heard Mr. Anil Kumar, learned counsel for the applicant and Mr. Maldhure, learned counsel for respondent no.1 and Mrs. Joshi, learned APP for respondent no.2. By this application under Section 482 of the Code of Criminal Procedure, the applicant challenges the order dated 4.8.2007 by which Criminal Revision Application No. 179/2007 filed by the applicant has been dismissed. Respondent no.1 filed criminal complaint before the J.M.F.C. Nagpur against Sheikh Mehaboob. During pendency of the proceedings the applicant/complainant filed application dated 5/4/2004 for joining Director of Speel Finance Company Private 2 Limited as accused no.3 without naming the Director. The applicant, who at the relevant time, was the Director of the Company came to be joined as accused no.3 pursuant to the order dated 9.11.2006 passed by J.M.F.C. Nagpur. The applicant preferred Criminal Revision Application before the Adhoc Additional Sessions Judge, Nagpur. The Adhoc Additional Sessions Judge, Nagpur by the impugned order dated 4th August 2007 dismissed the Criminal Revision Application. The applicant also challenged order dated 9.11.2006 passed by learned Magistrate under Section 94 of Criminal Procedure Code. Aggrieved by the said order, the applicant/ Director of Speel Finance Company Private Limited is before this Court. Mr. Maldhure, learned counsel for respondent no.1 states that the application dated 5.4.2004 filed for joinder of accused Director of Speel Finance Company Private Limited without naming the Director was inadvertently filed and the complainant ought to have mentioned the name of the Director since offence under Section 411 of the Indian Penal Code can be committed a person and not by the Company. He, therefore, seeks leave to withdraw the application dated 5.4.2004 and further seeks liberty to file appropriate application under Section 319 of the Code of Criminal Procedure. Mr. Anil Kumar learned counsel for the applicant has no 3 objection. In view of the above and in view of the fact that the application under Section 319 of the Code of Criminal Procedure for joining of the Director of Speel Finance Company Private Limited for offence punishable under Section 411 of the Indian Penal code was not maintainable since the name of the accused was not mentioned. Respondent no.1 is permitted to withdraw the application. Consequently, the order dated 9.11.2006 passed by the J.M.F.C. Court No. 3 Nagpur and order dated 4.8.2007 passed by Adhoc Additional Sessions Judge, Nagpur insofar as application under Section 319 of the Code of Criminal Procedure is concerned is set aside. However, the order of Additional Sessions Judge insofar as as it relates to challenge to order under Section 94 of the Code of Criminal Procedure is concerned, is maintained. Liberty to respondent no.1 to file appropriate application under Section 319 of the Code of Criminal Procedure, if he is so advised. JUDGE Ambulkar.