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S.RAVINDRA BHAT
Dev Sareen – Appellant
Versus
DCM Financial Ltd. – Respondent


Counsel for the Parties:
For the Petitioner:Mr. R.B. Mehrotra, Sr. Advocate with Mr. Sidharth Luthra, Mr. Anurag Ahluwalia, Dr. I.B. Gaur, Mr. S.S. Mehra and Mr. Piyush Sharma Advocates.
For the Respondent:Ms Seema Gulati, Advocate.

ORDER

S. Ravindra Bhat, J.—The petitioner seeks quashing of criminal proceedings filed by the respondent on allegations of commission of offence under Sections 138/141, Negotiable Instruments Act.

2. The respondent/complainant initiated the proceedings on 11.1.1999 against M/s. International Agro and Allied and others. It was alleged in the complaint that the present petitioner, accused No.4 alongwith others was a director in-charge of the affairs of the company. According to the complaint, a cheque was issued in favour of the complainant which upon presentation was not honoured. Notice was issued and thereafter a complaint was filed on 11.1.1999. It is contended that the averments in the complaint, particularly para 13 do not measure up to the standard prescribed to attract vicarious liability as provided for under Section 141, so far as the directors are concerned. The said averment reads as follows:

“That the accused No.1 is a company/firm and the accused Nos. 2 to 9 were in-charge and were responsible to the accused No.1 for the conduct of the business of the accused No.1, at the time when offence was committed. Hence, the accused Nos. 2 to 9 in addition to the accused No.1, ar

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