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Issues Involved:
The petition under Section 482 of Cr. PC for quashing proceedings in CC No.995 of 1997 on the file of the IV Metropolitan Magistrate, Hyderabad by accused No.2 in the said CC, facing a charge under Section 138 of the Negotiable Instruments Act. Details of the Judgment: Issue 1: Quashing of Proceedings The petitioner, accused No.2, sought quashing of the proceedings on the grounds of lack of necessary averments under Section 141 of the Negotiable Instruments Act holding him liable for criminal action. The petitioner argued that being a Director of Accused No.1 Company, he was not involved in day-to-day affairs or aware of the transactions with the complainant. The complaint lacked specific averments to make him criminally liable under Section 138. Issue 2: Interpretation of Section 141 of the Negotiable Instruments Act Section 141 imposes liability on company officials for offenses under Section 138. The petitioner contended that the complaint did not establish his role as being "in-charge of, and responsible to the Company for the conduct of the business." The respondent argued that the complaint contained sufficient averments showing the petitioner's active participation in the Company's affairs and knowledge of the cheque issuance. Decision and Rationale: The Court noted that the complaint indicated the petitioner's active involvement in the Company's operations, such as arranging loans and persuading for repayment. While the exact words of Section 141 were not reproduced, the complaint's averments suggested the petitioner's responsibility and participation. The Court emphasized that during a Section 482 petition, the focus is not on meticulous scrutiny but on whether statutory requirements for constituting an offense are broadly alleged. The Court declined to quash the proceedings, leaving the determination of Section 141 compliance to the trial court based on evidence presented. Conclusion: The petition was dismissed, with the Court's observations on the petitioner's role intended solely for the petition's decision, not binding the trial court's independent evaluation of Section 141 requirements based on trial evidence.
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