DELHI HIGH COURT
R.K.GAUBA
Chanakya Bhupen Chakravarti – Appellant
Versus
Rajeshri Karwa – Respondent
1. On the criminal complaints (CC Nos. 4401, 4402, 4408, 4404, 4407, 4406, 4405, 4403 of 2017) instituted by the respondents in these petitions, each alleging offence under Section 138, Negotiable Instruments Act, 1881 (NI Act) having been committed concerning different set of cheques, the Metropolitan Magistrate by his almost identical orders passed on 26.04.2017, summoned amongst others, the petitioners as accused, invoking the vicarious criminal liability under Section 141 NI Act, 1881 against them, they having been shown in the array as fourth and fifth accused, their description being that of a director of Amrapali Silicon City Pvt. Ltd. which is the company against whose account and on whose behalf the said cheques had been issued, the same having been concededly returned unpaid.
2. The petitioners have come up to this Court invoking the inherent power and jurisdiction of this Court under Section 482 of the Code of Criminal Procedure, 1973 (Cr.P.C.) to bring a challenge to the said summoning orders primarily contending that they were non-executive directors of Amrapali Silicon City Pvt. Ltd. (the company accused) at all relevant points of time, though their a
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