IMPORTANT POINT
Only those persons who were in charge of and responsible for conduct of business of company at the time of commission of offence will be liable for criminal action.

M.R. Shah, J.—Rule. Mr. Anand B. Gogia, learned advocate waives the service of notice of rule on behalf of the original complainant and Mr. K. P. Raval, learned Additional Public Prosecutor for State, in both these petitions.

1. Criminal Misc. Application No. 12631 of 2010 has been preferred by the petitioner original accused No. 5, under Section 482 of the Code of Criminal Procedure, to quash and set aside the impugned complaint being Criminal Case No. 4120 of 2009 filed by the Respondent No. 1 original complainant, for the offence punishable under Section 138 of Negotiable Instruments Act, pending in the Court of learned Additional Chief Judicial Magistrate, Gandhidham.

2. Criminal Misc. Application No. 12635 of 2010 has been preferred by the petitioner original accused No.5, under Section 482 of the Code of Criminal Procedure, to quash and set aside the impugned complaint being Criminal Case No.5740 of 2009 filed by the Respondent No.1 original complainant, for the offence punishable under Section 138 of Negotiable Instruments Act, pending in the Court of learned Additional Chief Judicial Magistrate, Gandhidham.

3. Both the aforesaid complaints have been filed by the Respondent No.1 original complainant against the accused persons including the petitioner herein under Section 138 of Negotiable Instruments Act, (hereinafter referred to as “the Act” for short) for dishonour of the cheques issued by the original accused No.1 Company -M/s. R.N. Infra Communications Pvt. Ltd., signed by the original accused Nos. 2 and 3 as the authorised signatory of original accused No. 1 alleging inter alia that the original complainant is a Company registered under the provisions of the Companies Act, having its office at Gurgaon (Haryana) and accused No.2 is the Chairman; accused No.3 is the Vice President and accused No. 4 is the Managing Director and accused Nos. 5 and 6 are the Directors of the accused No. 1 Company. That the accused Nos. 2 to 6 are managing the day-today affairs of the Company accused No.1. That the accused have placed an order for supply of parts of Tower at various locations in India, and as per the purchase orders, they have supplied materials worth Rs. 2,49,21,983 to the original complainant. That the accused issued four cheques in question of State Bank of India, Overseas Branch, New Delhi, in favour of the original complainant and the said cheques were given in discharge of the said debts. That the said cheques have been singed by the accused Nos. 2 and 3 as authorised signatory of the accused No.1. That the said cheques were issued with the consent/knowledge of the accused Nos. 4 to 6. That the accused Nos. 2 to 6 are aware about the issue of the above said four cheques in favour of complainant. That the aforesaid cheques were presented for realisation of the amount of the said cheques which came to be dishonoured due to “payment stopped by drawer”. That thereafter statutory notices were issued to the accused by RP AD. After the receipt of the said notice by the accused, accused did not make payment within stipulated time and therefore, it is alleged that the accused have committed offence punishable under Section 138 of N .I. Act.

4. That the learned Chief Judicial Magistrate issued Summonses against the accused persons inclusive of the petitioner accused No.5, in the said complaint filed under Section 138 of N. 1. Act and hence Being aggrieved by and dissatisfied with the issuance of the Summonses against the petitioner original accused No. 5 in the aforesaid criminal complaints, filed under Section 138 of N.I. Act, the petitioners original accused No. 5 has preferred both these petitions Under Section 482 of the Code of Criminal Procedure to quash and set-aside the aforesaid impugned two complaints.

5. Mr. D. Hanumanth Rao, learned Counsel appearing with Ms. Sonal Vyas, learned advocate appearing on behalf of the petitioner original accused No. 5, has vehementl