The Court’s power under Section 319 Cr.P.C. is not hampered merely by pendency of an application under Section 141 the Negotiable Instrument Act, 1881 – M/s Hindukush Bio Products Pvt. Ltd. Vs. State of Uttarakhand and Another – Uttarakhand High Court
Hon’ble High Court held that the provisions contained in Section 319 Cr.P.C. being a general provision, which has been made applicable under the proceedings of the N.I. Act. The same would not be clouded merely because of the fact that the application under Section 141 N.I. Act is pending. Since, the power given under Section 319 Cr.P.C. is not clouded by Section 141 N.I. Act, which is an exclusive prerogative of opposite party against whom the proceedings under Section 138 N.I. Act, has been filed. The powers under Section 319 Cr.P.C. is that of the Court, depending upon its own logical reason to bring an appropriate party on record. The exercise of power by the Court while considering the application under Section 319 Cr.P.C. for bringing an appropriate party on record would not be restricted by the trial Court, due to pendency of application under Section 141 of the N.I. Act.
