2010 (2) TMI 590 - SUPREME COURT

Whether the order of the High Court quashing the summoning orders insofar as the respondents are concerned is sustainable and what should be the averments in the complaint under section 138 read with section 141 of the Act against the Director of a Company before he can be subjected to criminal proceedings?

Held that:- Appeal dismissed. In agreement with the conclusion arrived at by the High Court and in the absence of specific averment as to the role of the respondents and particularly in view of the acceptable materials that at the relevant time they were in no way connected with the affairs of the company, we reject all the contentions raised by learned counsel for the appellants.