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Issues involved: Complaint under Section 138 of Negotiable Instruments Act 1881 against company and its directors. Quashing of complaint and summoning order.
Details of the judgment: Issue 1: Allegations against the directors of the company - Respondent No.2 filed a complaint u/s 138 alleging non-payment of dues by accused No.1. - Accused No.2 to 7 described as managing director and directors of accused No.1. - Pre-summoning evidence led to summons against all accused. - Accused No.4, 3, and 6 sought quashing of the complaint and summoning order. - Directors' liability under Section 141 of the Negotiable Instruments Act 1881 discussed. - Supreme Court decisions emphasized the need for specific averments against directors. - Complaint lacked specific allegations against directors, leading to quashing of petitions by accused No.2 to 7. Issue 2: Existence of complainant company during the transaction - Accused No.1 issued a cheque to the complainant company. - Dispute regarding the existence of the complainant company during the transaction. - Prima facie evidence suggested the complainant existed during the transaction. - Complaint and summoning order upheld against accused No.1. - Petitions by accused No.2 to 7 quashed, no costs awarded.
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