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TMI Blog2016 (10) TMI 435X X X X Extracts X X X X X X X X Extracts X X X X ..... ) and it is not shown that the petitioners were not Directors at the time when the offence was committed, find no reason to quash the order summoning the petitioners. - CRL.M.C. 2307/2016 - - - Dated:- 4-10-2016 - MS. MUKTA GUPTA J. Petitioners Represented by: Mr.Kailash Pandey, Advocate. Respondent Represented by: None. MUKTA GUPTA, J. (ORAL) 1. A complaint case under Section 138 read with Section 141 of the Negotiable Instruments Act, 1881 (in short NI Act ) was filed by the respondent M/s Neutech Packaging (in short Neutech ) against M/s Webtech Packaging (I) Pvt. Ltd. (in short Webtech ) and its four Directors. 2. In the complaint the respondent alleged that on the specific purchase orders of the accused ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ve committed the offence punishable under Section 138 NI Act. 4. On the authorized representative of the company being examined, the learned Trial Court summoned the accused persons/petitioners herein vide order dated 21st November, 2015. Hence the present petition by Ramani Tangri, Aditya Tangri and Saurabh Tangri. 5. Learned counsel for the petitioner relying upon the decision of the Supreme Court reported as JT 2010 (2) SC National Small Industries Corporation Ltd. vs. Harmeet Singh Paintal Anr. submits that since no overt act has been attributed to the petitioners herein, the order summoning them is illegal and thus liable to be set aside. It is contended that the primary responsibility is of the complainant to make specific ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , which are required to be averred in the complaint/petition, are made so as to make accused therein vicariously liable for offence committed by company along with averments in the petition containing that accused were in-charge of and responsible for the business of the company and by virtue of their position they are liable to be proceeded with. (iv) Vicarious liability on the part of a person must be pleaded and proved and not inferred. (v) If accused is Managing Director or Joint Managing Director then it is not necessary to make specific averment in the complaint and by virtue of their position they are liable to be proceeded with. (vi) If accused is a Director or an Officer of a company who signed the cheques on beha ..... X X X X Extracts X X X X X X X X Extracts X X X X
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