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2014 (3) TMI 860 - SUPREME COURTNecessity of impleadment person in charge of company – dishonor of cheque - complaint filed under Sections 138 and 141 of the Negotiable Instruments Act, 1881 - Substance of accusation - There is no allegation worth the name against any of the appellants in either of the complaints - The appellants were not even made parties in the first complaint and therefore there is no question of any allegations being made against them in that complaint - Held that:- Judgment in A.K.Singhania vs. Gujarat State Fertilizer Company Ltd. 2013 (10) TMI 895 - SUPREME COURT] followed - It is necessary for a complainant to state in the complaint that the person accused was in charge of and responsible for the conduct of the business of the company - Although, no particular form for making such an allegation is prescribed and it may not be necessary to reproduce the language of Section 138 of the Negotiable Instruments Act, 1881, but a reading of the complaint should show that the substance of the accusation discloses that the accused person was in charge of and responsible for the conduct of the business of the company at the relevant time - From the averment made in the complaint, it can be said that there is no specific or even a general allegation made against the appellants – Decided in favour of appellants.
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