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2022 (5) TMI 303 - ANDHRA PRADESH HIGH COURTDishonor of Cheque - insufficiency of funds - the basic averments that a Director was incharge of, and responsible to, the conduct of business of the company, would suffice or else a specific accusation showing as to how such Director is responsible for conduct of business of the company should also be made in the complaint? - Section 141 of NI Act, 1881 - HELD THAT:- A perusal of Section 141 of the Act, 1881 i.e. offences by the companies, Section 141 (1) specifically contemplates that if the person committing the offence is a company, every person who at the relevant point of time, was incharge of, and was responsible to, the company for conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall also liable to be proceeded against and punished accordingly. In the case on hand, A.3 to A.5 are the Directors of A.1 company and they are incharge of, and responsible to, the day to day affairs of the company. There is no dispute with regard to the fact that such an averment has been mentioned in the complaint as far as A.3 to A.5 are concerned. It is further averred in the complaint that A2 to A.6 are actively and physically participating in all the day to day business transactions of A.1 - this aspect has to be considered during the course of trial and it is a premature stage where this Court would not be in a position to conduct a roving enquiry to go into the details of the transactions that have taken place. Admittedly, prima facie, the basic ingredients of Section 141 (1) of the Act, 1881 has been satisfied and the ground that the specific role has to be stated in the complaint, is not necessary. As far as A.6 is concerned, this Court feels that a specific role is attributed as against A.6. It is essential that a specific role has to be attributed in the complaint as against A.6 is concerned, for the reason that prima facie he comes within the purview of Section 141 (2) of the Act, 1881. A perusal of the complaint and the additional material papers which were filed by 2nd respondent goes to show that there are certain messages which have been issued by A.6 to the complainant and certain letters were written by A.6 to the complainant - Truth or otherwise of the said accusations that are made in the complaint has to be established in the course of trial, and it is a premature stage where this Court is not inclined to go into the details of the case. This Court cannot conduct a roving enquiry with regard to the truth or otherwise of the allegations made. There are no merits in the present Criminal Petition - Petition dismissed.
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