Negotiable Instruments Act, 1881
Sections 138 & 141—Dishonour of cheque—Dismissal of petition filed by appellants under Section 482 of CrPC—Appeal—Sub-section 1 of Section 141 of the NI Act required the complainant to aver that the appellants at the time of the commission of the offence were in charge of, and were responsible to the company for the conduct of the business of the company—All that the second respondent has alleged is that the appellants were liable for transactions of the company and that they were fully aware of the issuance of the cheques and dishonour of the cheques—Non-compliance with requirements of sub-section (1) of Section 141 of the Act—Statutory notice of demand was not served on accused—Appellants are neither signatories to the cheques nor are whole-time directors—Impugned order quashed and set aside insofar as appellants are concerned—Appeal allowed.
[Paras 6 to 11]
Sections 138 & 141—Dishonour of cheque—Prayer for quashing of complaint rejected by the High Court—Appeals—Appellants are not even described as directors of first accused company—Averments in terms of Section 141(1) of the NI Act are not found at all in the entire complaint—Impugned judgments insofar as appellants are concerned is set aside—Appeals allowed.
[Para 13]
Sections 138 & 141—Dishonour of cheque—Prayer for quashing of complaint rejected by the High Court—Appeals—Every person who is sought to be roped in by virtue of sub-section 1 of Section 141 of the Negotiable Instruments Act must be a person who at the time the offence was committed was in charge of and was responsible to the company for the conduct of the business of the company—Only by saying that a person was in charge of the company at the time when the offence was committed is not sufficient to attract sub-section 1 of Section 141 of the Act—Non-compliance on part of second respondent with requirements of Section 141(1) of the Act—Impugned judgment set aside in so far as appellants are concerned—Appeals allowed.
[Para 18 to 21]