C.Y. Somayajulu, J. - This is a petition to quash the proceedings in C.C. No. 360 of 2001 on the file of the Court of First Additional Judicial First Class Magistrate, Proddature, Cuddapah District, initiated against the petitioner and others for an offence under Section 138 of the Negotiable Instruments Act (the Act), by the second respondent on the ground that the cheques issued to it by Velan Textiles Limited (the Company), of which the petitioner and others are Directors, were dishonoured and that even after issuing of notice of demand after dishonour, the amount covered by the dishonoured cheques were not paid.

2. The main contention of the learned Counsel for the petitioner is that as the complaint does not disclose the specific duties of the petitioner in the company and his role in the issuing of the cheques, that were dishonoured, and as there is a broad and bold averment that he as one of Directors of the Company is in charge of the day-today affair if the company petitioner cannot-be made liable for an offence under Section 138 of the Act. by placing strong reliance on Neetha Bhalla v. S.M.S. Pharmaceuticals Limited1, where it is held that unless a recital indicat