SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2001 Supreme(AP) 103

M.KARPAGAVINAYAGAM
O. P. Mehra – Appellant
Versus
Mansi Finance (Chennai) Ltd. – Respondent


ORDER

M. Karpagavinayagam, J. - The proceedings initiated under Sections 138 and 141 of the Negotiable Instruments Act are sought to be quashed in these petitions filed under Section 482 Cr. P.C. by the petitioners. who are arrayed as A9, A-7, A-8 and A-6.

2. Mr. Murali the learned counsel appearing for the petitioners though would raise several grounds while seeking to quash the proceedings. I am impressed upon one of the grounds on the basis of which the proceedings can be quashed as against these petitioners.

3. It is settled law that when a complaint has been filed under Sections 138 and 141 of the Negotiable Instruments Act in respect of non-payment of cheque amount against the company all the directors or partners in charge and responsible for the affairs of the company are also liable to be punished and as such, the complaint against all the directors is maintainable.

4. However, it is laid down by this Court as well as the Apex Court that there shall be necessary averments in the complaint that those directors are in charge and responsible for the affairs of the company and in the absence of such allegation the complaint cannot be maintained as against such person, even thou
























Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top