The legal principle established is that under Section 141 of the NI Act, persons in charge of the company can be deemed guilty of the offence under Section 138, and the complaint need not separately name the Managing Director for summoning.

1. The instant petition is being filed while challenging the order dated 21.09.2011 passed by learned Metropolitan Magistrate which reads as under:—

"21.09.2011 CC No.987/1/10

Present: Complainant along with Id. Counsel.

AR of accused along with Id. Coun#31;sel.

Counsel for complainant has filed an application for summoning of Sh. Ranjit Tiwari as co-accused in the present complaint on the ground that earlier he is not aware about the name of the Managing Director and hence, company was arrayed as accused. However, now he has come to know that Mr. Ranjit Tiwari is the Managing Director of the Company and re#31;quested for the summoning. Further today Vinod Yadav office assis-tanct/AR of company is present today and court has verified from him about the name of the Managing Director that Sh. Ranjit Tiwari is the Managing Director of the company.

Section 141 NI Act is reproduced hereunder:-

"If the person committing an of#31;fence under section 138 is a company, every person who, at the time the offence was committed, was in charge of, and was responsible to the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and proceeded against and punished accordingly"

So it is clear from section 141 NI Act that any person who was Incharge and responsible of company for conduct the business is deemed to be guilty of the offence u/s 138 NI Act. Summons have already been served upon the company. Hence, it is settled law that no separate notice is required to be served upon the Director.

I have perused the complaint. Prima facie case for commission of offence u/s 138 NI Act is made out against Managing Director Sh. Ranjit Tiwari.

Application dated 05.09.2008 is dis#31;posed off. Let he be served on filing ofPFandRC.

Be listed for 01.12.2011."

2. Ld. Counsel for the petitioner has submitted as alleged in the complaint that by virtue of partial discharge of legal and enforceable liability, the accused had is#31;sued and delivered cheques bearing No.522451 and 522428, both drawn on State Bank of Patiala, Parliament Street, New Delhi, in the name of the respon#31;dent/complainant. The said cheques, when presented by the complainant, were returned vide memo dated 12.11.2007. The information qua the same was com#31;municated to the accused person on 13.12.2007 through a legal notice.

3. He further submitted that there#31;after, the respondent filed a complaint before the Metropolitan Magistrate, Tis Hazari, Delhi, who without looking into the contents of the complaint, issued sum#31;mons to M/s Mirik Health Food Pvt. Ltd.

4. Ld. Counsel has further sub#31;mitted that the alleged M/s Mirik Health Food Pvt. Ltd. cannot be alleged to be the accused. Thereafter, the respondent/com#31;plainant moved an application to include the name of the Managing Director of the company wherein both the petitioners have been made party in the complaint due to their designation M/s Liverpool Retail India Pvt. Ltd.

5. He argued that the respondent, at the later stage, without even mentioning the provisions of law, filed an application to summon the Managing Director of the company, i.e., the petitioner despite making any specific allegation in the en#31;tire complaint in respect of their respec#31;tive roles in the affairs of the company, as is required under section 141 of the Nego#31;tiable Instruments Act (hereinafter referred to as "the said Act") which is reproduced as under :—

"Section 141. Offences by com#31;panies :

(1) If the person committing an of#31;fence under section 138 is a company, every person who, at the time the offence was committed, was in charge of, and was responsible to the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and proceeded against and punished accordingly] ;

Provided that nothing contained in this s