M.KARPAGAVINAYAGAM
O. P. Mehra – Appellant
Versus
Mansi Finance (Chennai) Ltd. – Respondent
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
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.