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