The main legal point established in the judgment is the requirement for specific averments and active involvement in the day-to-day activities of the company to establish vicarious liability under section 138 and 141 of the Negotiable Instruments Act, 1881.

Rule. Rule made returnable forthwith. By consent, taken up for final disposal at the stage of admission.

2. The applicant/accused No. 5 in the complaint has filed this application under section 482 of Code of Criminal Procedure (Cr.P.C.) to set aside the order of issuance of process dt. 17-10-2013 passed in Criminal Complaint Case No. 603/SS/2013, by Metropolitan Magistrate, 14th Court at Girgaon, Mumbai and further to quash the said criminal proceedings to the extent of applicant.

3. Few facts leading to filing of the present application are as under : The complainant (respondent No. 1) herein filed criminal complaint under section 138 read with 141 of the Negotiable Instruments Act, 1881 (in short "NI Act") as against accused No. 1-Tricom Indian Limited and five other persons, which include the present applicant as Director of accused No. 1-Company. In the complaint filed, the complainant has alleged that on account of acquaintance with the accused Nos. 2 and 3, the complainant provided financial assistance as a friendly loan of Rs. 25.00 Lakhs to accused No. 1-Company. Accused Nos. 2 and 3 induced the complainant to disburse the said loan. In acknowledgement of the loan amount received, accused No. 2 executed Bill of Exchange on behalf of accused No. 1-Company. According to the complainant, Bill of Exchange has been signed by accused Nos. 2 and 3. Towards the repayment of loan, accused No. 2 with consent, connivance collusion and knowledge of accused Nos. 3 to 4 for and behalf of accused No. 1 issued one post-dated cheque bearing No. 011278 for an amount of Rs. 25.00 Lakhs payable on 15-7-2013 and drawn and payable from the account of accused with the Axis Bank, Vile Parle (E) Branch, Mumbai. The cheque was issued on behalf of accused No. 1 under the signature of accused No. 2. The said cheque when presented for realization on 15-7-2013 with ICICI Bank, Andhri (E) Branch, Mumbai, same was dishonoured by bankers of accused No. 1-Company with endorsement "funds insufficient" and was communicated vide memo dt. 16-7-2013. According to the complainant though he has given considerable time, the amount was not paid. Therefore he issued notice on 27-7-2013 to all the accused through his Advocate. The notice was duly served upon accused No. 1 on 30-7-2013. However, the notice sent to accused Nos. 2 to 6 returned with remark "left". Vide reply sent on 3-8-2013, accused No. 1 raised false and frivolous grounds that the other accused are not the Directors of the Company and they have resigned. Since the payment towards the cheque dishonoured was not made by the accused, the complainant has filed complaint. The complaint appears to be filed on 7-9-2013. Learned Metropolitan Magistrate on consideration of the complaint documents filed on record pleased to issue process under section 138 read with 141 of the NI Act, against the accused persons making it returnable on 4-1-2014. Being aggrieved by the said order, the applicant/accused No. 5 has filed the present application under section 482 of the Code of Criminal Procedure to set aside the order passed by Ld. Metropolitan Magistrate and further to quash the criminal proceedings to the extent of the applicant.

4. I have heard the submissions advanced by Mr. Manoj S. Mohite, learned Counsel appearing on behalf of the applicant and Mrs. Mane, learned APP for respondent/State. None appeared on behalf of respondent No. 1/complainant, though served.

5. By referring the contents of the complaint filed by the complainant, the learned Counsel for the applicant has contended that on the face of the complaint filed, no prima facie case has been made out for issuance of process under section 138 read with 141 of NI Act, as against the applicant/accused No. 5. By referring the provisions of section 141 of NI Act, the learned Counsel has submitted that, in order to attract the vicarious liability under section 141 of NI Act, it is obligatory on the part of the complainant to specifically plead as