Specific averments are required to establish vicarious liability and director's responsibility under the NI Act.

JUDGMENT

Arvind Singh Sangwan, J. - Vide this common order, I intend to dispose of CRM-M Nos.40532, 40503, 42148, 42149, 42151 and 42155 of 2019, as identical questions of law and facts are involved for adjudication. For brevity, facts are taken from CRM-M No.40532 of 2019.

2. The prayer in all these petitions is for quashing of complaints No. 4661 of 2018, 4663, 4665, 4666, 4668 and 4664 of 2018 dated 06.03.2018 filed under Section 138 of the Negotiable Instruments Act, 1881 (for short the NI Act) (Annexure P-l) and for setting-aside the summoning order dated 07.04.2018 (Annexure P-2) and all other subsequent proceedings arising therefrom.

3. Counsel for the petitioner has argued that the respondent -Jagmeet S. Soin, has filed 06 identical complaints under Section 138 of the NI Act with similar allegations relating to different cheques which were allegedly dishonoured. In all these complaints, accused No.l is M/s. Concept Horizon Infra Private Limited (hereinafter to be referred to as 'the Company') through the authorized signatory Jeevesh Sabharwal, Director, accused No.2 is Jeevesh Sabharwal, Director and authorized signatory, accused No.3 is Suninder Sandha, Director and authorized signatory and accused No.4 is Rohan Rajan, authorized signatory (present petitioner) of accused No.l - Company.

4. Counsel for the petitioner has argued that in all the complaints, it is stated in para Nos.l to 3 as under:-

"1. That the complainant had a MEMORANDUM OF UNDERSTANDING (hereinafter to be referred as MOU) with the accused persons which was executed on 11 th of January 2016, at Delhi. In pursuance of the terms of the MOU the details of which has been mentioned in the subsequent paragraphs, certain cheques were issued by the accused no. 1, through the authorized signatories, who are accused Nos.2 & 3. Since the cheques issued by the accused persons, the details of which has been mentioned in the subsequent paragraphs, have been dis-honoured on account of insufficient funds, the complainant has filed the present complaint against the accused persons in view of the provisions of section 142 R/w Section 138 of the Negotiable Instruments Act 1881. Copy of the Memorandum of Understanding dated 11.01.2016 is annexed herewith and marked as Annexure C/l.

2. I say that the MOU was executed at Delhi and present registered office of the accused no. 1 being at M/s Concept Horizon Infra Pvt. Ltd. 8/13, 1 st Floor, Hospital Road, Jangpura Extension, New Delhi-110014. Since the complainant has the regular bank account in HDFC Bank, Corporate Sewa Park, MG Road, Gurugram, Haryana, 122001 where he deposited the cheque dated 11 th of January, 2018 bearing cheque number 019086, which was dishonoured, therefore, this Hon'ble Court has the jurisdiction to take cognizance in the present case against the accused persons for the offence punishable under Section 138 read with 142 of the Negotiable Instruments Act 1881, and also under section 420 IPC.

3. That the accused no. 2, 3 and 4 have been made parties since the accused persons no. 2 and 3 have been Directors as well as signatories to the cheques which got dishonoured and "the accused no. 4 being in-charge of the affairs of accused no.1."

5. Counsel for the petitioner has further submitted that the very basis of filing the complaints is a Memorandum of Understanding (MOU) between the complainant and accused Nos.2 and 3 and the petitioner is not a signatory of the Memorandum of Understanding on the basis of which some business transactions started between them. It is further argued that the petitioner is neither an authorized signatory on the cheques nor, he is the Director of accused No.l - Company. It is also submitted that the petitioner has been arrayed as accused in the present complaints only because he is brother-in-law of accused No.2 and at no point of time, he has any business dealing with complainant. It is further submitted that the only allegations in all the complaints is in para 3 wherein it