Directors can only be held liable for dishonoring cheques if they were in charge of and responsible for the conduct of the company's business at the time of the offence.

I.S. MEHTA, J.

1. The present petitions are arising out of the impugned summoning order passed by MM(C-02) Delhi in CC No. 2011/1/14 dated 28.01.2015. The present petitioners aggrieved from the impugned summoning order passed in CC No. 2011/1/14 dated 28.01.2015 preferred to file two separate petitions mentioned herein above, i.e., CRL.M.C. 4919/2015 and CRL.M.C. 4028/215.

2. The brief facts stated in the petitions are that a complaint under Section 138 read with Section 141 of the Negotiable Instruments Act, 1881was filed qua against the present petitioners by the respondent, i.e., M/s Deepika Sarees Private Limited, through its Director Mr. Vibhor Aggarwal.

3. It was alleged in the complaint petition that the Company-M/s. Meenakshi Sarees Pvt. Ltd., through its Managing Director-Mr. Vineet Aggarwal, resident of 733/734, Mukherjee Nagar, Meerut Sweet Wali Gali, Opposite Batra Cinema, Delhi, had made a request to the respondent-M/s Deepika Sarees Private Limited, for purchase of sarees on short term credit basis on behalf of M/s Meenakshi Sarees Pvt. Ltd. Consequently, Mr. Vibhor Aggarwal, Director of M/s Deepika Sarees Private Limited supplied sarees from time to time to M/s Meenakshi Sarees Pvt. Ltd. amounting to Rs.27,00,000/- (Rupees Twenty Seven Lakhs).

4. Subsequently, Mr. Vineet Aggarwal, Director of M/s Meenakshi Sarees Pvt. Ltd. accepted the sale amount to be loan amount qua against his Company M/s. Meenakshi Sarees Pvt. Ltd. and issued two post dated cheques in the sum of Rs.12 Lakhs and Rs.15 Lakhs vide cheques no. 414228 and 565425, dated 20.09.2014, drawn on the current account of M/s. Meenakshi Saree Centre Pvt. Ltd. in ING Vysya Bank, Chandni Chowk branch, Dariba Kalan, Delhi.

5. The said cheques were presented on 03.11.2014 and later on, were dishonoured vide dishonour memo dated 05.11.2014, attracting the provisions of Section 138 read with Section 141 of the Negotiable Instruments Act, 1881.

6. The respondent/complainant, i.e., M/s Deepika Sarees Private Limited, filed a complaint under Section 138 read with Section 141 of the Negotiable Instruments Act, 1881 qua against M/s. Meenakshi Sarees Private Ltd. by placing reliance on the Form-32 as well as other material documents and subsequently, tendered an affidavit of Mr. Vibhor Aggarwal as pre summoning evidence and the learned Metropolitan Magistrate registered the said complaint petition as CC No. 2011/1/14 and passed the ‘impugned summoning’ order dated 28.01.2015.

7. Aggrieved from the aforesaid summoning order, the present petitioners filed two separate petitions under Section 482 of the Cr.PC i.e., CRL.M.C. 4919/2015 and CRL.M.C. 4028/2015, respectively.

Hence the present petitions.

8. The learned counsel appearing for the petitioners submits that the petitioners have two separate petitions before this Court, i.e., CRL.M.C. 4919/2015 and CRL.M.C. 4028/2015, respectively and both are connected matters. The petitioners in both the petitions are present Directors of the Company, i.e., M/s. Meenakshi Saree Centre Private Limited. The learned counsel for the petitioners further submits that the petitioners on the date of the issuance of the cheques in question were not the Directors of the Company. In this regard, she has placed reliance on copy of Form-32 obtained from ROC, which is placed on record.

9. The learned counsel for the petitioners further submits that the allegation that the cheques were issued by the petitioners on 20.09.2014 is a false allegation, as on the said date the petitioners were not the Directors of the said Company and were not looking after the business on day-to-day basis. She further submits that it is because of this reason that the petitioners were unaware about the issuance of the cheques in question. She further submits that if at all any liability arises because of the act of any other Director of the Company then the s