JUDGMENT

R.V. RAVEENDRAN, J. — The question as to who can be said to be persons “in charge of, and was responsible to the company for the conduct of the business of the company” referred to in Section 141 of the Negotiable Instruments Act, 1881 (for short “the Act”) arises for consideration in this appeal by special leave by a complainant. The appellant filed two complaints (Crl. Comp. Nos. 58 and 59 of 2001) in the Court of the Metropolitan Magistrate , Delhi, against M/s. Motorol Speciality Oils Ltd. (“the Company”, for short) and eight others under Section 138 of the Act.

2. The first complaint was in regard to dishonour of five cheques (each for Rs.5,00,000, all dated 28-2-2001). The second complaint was in regard to dishonour of three cheques (for Rs. 3 lakhs, 3 lakhs and 10 lakhs dated 31-10-2000, 30-11-2000 and 20-12-2000 respectively). The cheques were alleged to have been drawn in favour of the appellant’s proprietary concern (M/s. Delhi Paints & Oil Traders) by the Company represented by its Chairman. In the said complaints, the appellant had impleaded nine persons as accused, namely, the Company (A-1), its Chairman (A-2), four Directors (A-3 to A-6) as also its Vice-Pres