HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 19396 of 2025 Court No. - 73 HON'BLE DEEPAK VERMA, J. 1. Heard learned counsel for the applicant; learned A.G.A for the State as also perused the record. 2. Notices were issued to opposite party no. 2 but no one appeared. As per C.J.M. report dated 12.01.2026, notice issued to opposite party no. 2 but he is not residing on the present address nor office run on the said address. 3. Instant application has been filed to quash the order dated 29.06.2022 passed by the Presiding Officer, Additional Court-II, Kanpur, U.P. as well as entire proceeding of Complaint Case No.4834 of 2015 (M/s N.K. Organic Inorganic Industries Pvt. Ltd. Vs. M/s Mahindra Machines Manufacturer Pvt. Ltd.), pending before the Presiding Officer, Additional Court-II, Kanpur, U.P. 4. The complaint was lodged by the opposite party no.2 M/s N.K. Organic Inorganic Industries Pvt. Ltd. through authorized Director G.P. Mathur against M/s Mahindra Machines Manufacturer Pvt. Ltd through Managing Director Prabhaker Singh, for dishonour of the Cheque bearing No.064410 dated 03.11.2010 amounting to Rs.27,12,000/-. Counsel for the applicant submits that applicant is son of earlier director of the company M/s Mahindra Machines Manufacturer Pvt. Ltd. During pendency of present case before the trial court, the director Prabhakar Singh died then the applicant company moved application before the trial court that since the Director of the company is no more, the present case be abated. The opposite Versus Counsel for Applicant(s) : Abhinav Tripathi, Raksha Chauhan, Upendra Kumar Singh Counsel for Opposite Party(s) : G.A. Rajesh Kumar Singh .....Applicant(s) State of U.P. and Another .....Opposite Party(s) party no. 2/complainant filed objection stating that son of Director Prabhakar Singh has taken place and he has been declared director of M/s Mahindra Machines Manufacturer Pvt. Ltd, therefore, Sri Rajesh Kumar Singh son of late Prabhakar Singh be impleaded as party in place of Prabhakar Singh, Director of the company. The learned Magistrate, after hearing both the parties, allowed the application of opposite party no.2 on 29.06.2022 and rejected the application of the applicant which was filed with a prayer that the proceedings be abated as Director of M/s Mahindra Machines Manufacturer Pvt. Ltd is no more. 5. From the record and documents available on record, it is apparent that the applicant, who is son of the earlier Director, has now taken over the charge of the company and is working as director of M/s Mahindra Machines Manufacturer Pvt. Ltd. As per Apex Court's judgement in Aneeta Hada Vs. Godfather Travels and Tours Pvt. Ltd. reported in (2012) 5 SCC 661 and Raghu Lakshminarayanan Vs. Fine Tubes reported in (2007) 5 SCC 103, the company is juristic person and in the eye of law the juristic person cannot be declared dead and in place of Director or other responsible person, some other persons shall take place. It is apparent that the applicant, who is son of earlier director has taken responsibility of the company and appointed as director, and therefore, he has been impleaded as party in the present case. The judgement and order passed by the learned court dated 29.06.2022 is just and proper and it does not require any interference. From the record it is also apparent that order challenged herein was passed in the year, 2022 and after three years, applicant has challenged the order. Moreover, it is also apparent from the order sheet that the trial proceeding is on the verge of the conclusion, therefore, at this stage, no interference is warranted. 6. The application is, accordingly, dismissed. January 28, 2026 Meenu Singh NA528 No. 19396 of 2025 2 (Deepak Verma,J.) Digitally signed by :- MEENU SINGH High Court of Judicature at Allahabad