Necessary assertions/averments in terms of Section 141 of Negotiable Instruments Act must be made with respect to the accused, and the accused's resignation from the company before the issuance of the cheques can be a crucial factor in determining liability.

JUDGMENT

Anil Kshetarpal, J. - By this order, CRM-M-8043, 7965, 7969, 7988, 7989, 7079, 7093, 8170 of 2018 and CRM-M-44657, 44666 of 2017 shall stand disposed of as the issues which need determination are common and criminal complaints filed under Section 138 read with Section 141 of Negotiable Instruments Act are similarly worded.

2. In all these petitions Amira Pure Foods Pvt. Ltd. is accused no.1. Amira Pure Foods Pvt. Ltd. is alleged to have committed offence under Section 138 read with Section 141 of the Negotiable Instruments Act as the negotiable instruments (cheques), on presentation were dishonoured by the bank of the drawer and the payment has not been made inspite of the notice of demand. In all the cases petitioner Anil Chanana has been impleaded as an accused being the Director of Amira Pure Foods Pvt. Ltd..

3. The details of all the cases along with complaint number, name of complainant, date of the cheque, amount can be noticed from the following table:-

4. Anil Chanana has sought quashing of the proceedings pending against him on the ground that he had already resigned from the Company with effect from 10.02.2006. Form-32 has been placed on file. Hence, it is contended that the petitioner cannot be made vicariously liable and punished for offence having been committed by the company i.e. Amira Pure Foods Pvt. Ltd.

5. In the considered opinion of this court, the present petition is liable to be allowed for the following reasons:-

(1) Similar petition filed by the petitioner with respect to similar assertions involving the same company i.e. Amira Pure Foods Pvt. Ltd. on the ground that he had resigned from the company on 10.02.2006 i.e. 10 years before the issuance of the cheques which were dishonoured, has been allowed vide order dated 21.12.2017 in CRM-M-47659-2017.

(2) From the reading of the complaints filed under Section 138 read with Section 141 of the Negotiable Instruments Act, it is apparent that necessary assertions/averments in terms of Section 141 of Negotiable Instruments Act have not been made with respect to the petitioner. Where a cheque issued by a company is dishonoured, it is the requirement of the Act that 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 shall be deemed to be guilty of the offence under Section 138 read with Section 141 of the Negotiable Instruments Act, 1881. Such assertions are required to be incorporated in the complaint filed before the trial Court. On careful reading of all the complaints, it is apparent that no averments to that effect have been made. Reference in this regard can be made to a judgment passed by the three Judge Bench of the Supreme Court in the case of S.M.S. Pharmaceuticals Ltd. v.