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TMI Blog2015 (8) TMI 889X X X X Extracts X X X X X X X X Extracts X X X X ..... ns of Section 482 of the Code of Criminal Procedure, whereby proceedings in pursuance of C.C. No. 3022 of 2000 on the file of learned IX Metropolitan Magistrate, Saidpet, Chennai in respect of some of the accused have been quashed. 3. The facts giving rise to the present appeals, in a nutshell, are as under :- The appellant is a company manufacturing news prints and papers. It had business dealings with M/s Manito Electronics Pvt. Ltd., Accused No.1, a company of which Accused Nos. 2 to 9 were the Directors. Though, all the accused had not filed quashing petitions, the High Court has quashed the proceedings in respect of all the accused, other than Accused No. 1, which is the company and Accused No. 2, who was the Managing Director of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as Accused Nos.3 to 10 are concerned. He has referred to Section 141(1) of the Negotiable Instruments Act, 1881 (hereinafter referred to as, "the Act"), which reads as under :- "141(1) If the person committing an offence under Section 138 is a company, every person who, at the time the offence was committed, was in charge of, and was responsible to the company for the conduct of the business of the company, as well as the company shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly : Provided that nothing contained in this sub-section shall render any person liable to punishment if he proves that the offence was committed without his knowledge, or that he had exercised all due d ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ent reads as under :- "19(a) It is necessary to specifically aver in a complaint under Section 141 that at the time the offence was committed, the person accused was in charge of, and responsible for the conduct of business of the company. This averment is an essential requirement of Section 141 and has to be made in a complaint........" 11. The learned counsel has also submitted that, in fact, an averment had been made in the complaint that Accused Nos. 2 to 9 were Directors and were in day to day management of the accused company. In spite of the aforesaid fact, the High Court has made the aforesaid observation that there was no such averment made against Accused Nos. 3 to 10. According to him, the said view of the High Court is not cor ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y has appeared on behalf of the respondents. This fact also indicates the intention of the accused. 17. For the reasons stated hereinabove, in our opinion, as there was an allegation to the effect that Accused Nos. 2 to 10 were involved in day-to-day business of Accused No. 1 - company, we see no reason for sparing them by the High Court. 18. In these circumstances, the impugned order passed by the High Court is set aside and the Criminal Appeals are allowed. 19. It is also directed that the proceedings shall commence as soon as possible so that they can come to an end at an early date. 20. The Registry is directed to send an intimation of this order to IX Metropolitan Magistrate, Saidpet, Chennai. Record and proceedings, if sent to thi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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