2006 (12) TMI 539

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... Procedure, 1973 is directed against the order dated 5.9.2003 whereby the petitioner along with other accused have been summoned in respect, of the complaint bearing No. 9234/2001 entitled Umano Moda v. Gin Co. Ltd. pending before the learned Metropolitan Magistrate. Two cheques were issued by Gin Company Ltd., which is the accused No. 1 in this case, in favor of the complainant. The cheques were .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... poses of roping in the petitioner in this complaint. The reason being that the petitioner cannot be regarded as a person who was in charge or responsible to the accused No. 1 company for the conduct of business of the said company as contemplated under Section 141. The petitioner was neither a share-holder nor a director or an employee of the said company. Therefore, there was no question of the p .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... he offence was committed, was in charge of and was responsible to the company for the conduct of the business of the company has been made liable along with the company. A reading of Section 141(2) of the Negotiable Instruments Act, 1881 gives an indication as to who those persons might be. The persons mentioned in Sub-section (2) of Section 141 are 'any director', manager, secretary or ot .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X