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TMI Blog1999 (2) TMI 695X X X X Extracts X X X X X X X X Extracts X X X X ..... ESCO Towers, New Delhi (A-1), is the second accused in C. C. Nos. 729 to 731 of 1997 on the file of the XIVth Metropolitan Magistrate, Egmore, Chennai. 2. Mrs. Rita Singh, the petitioner in Crl. 0. P. Nos. 18364 to 18366 of 1998, who is the managing director of M/s. Mid East (India) Limited, MESCO Towers, New Delhi (A-1), is the third accused in C. C. Nos. 7379, 7380 and 7378 of 1996 on the file of the XlVth Metropolitan Magistrate, Egmore, Chennai. 3. Natasha Singh and R. K. Gupta, the petitioners in Crl. 0. P. Nos. 4108 and 4109 of 1997, who are the director and general manager, respectively, of M/s. Mid East (India) Limited, MESCO Towers, New Delhi (A-1), are the fourth and fifth accused in C. C. Nos. 7379 and 7380 of 1996 on the f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... leged offence. 8. Mr. Raghupathi, counsel for the petitioners, Natasha Singh and R. K. Gupta (A-4 and A-5), also made similar submission stating that the complaint does not reveal that the petitioners (A-4 and A-5) are in any way responsible for the conduct of the business of the company and as such, the proceedings are not valid as against them. 9. In support of their contentions, both counsel for the petitioners would cite the decisions in Agritech Hatcheries and Food Ltd. v. Valuable Steels India Pvt. Ltd. 1997(2)CTC534 , B. Lakshmi v. Trishul Coal Services and Transporters [1997] 4 Cri 157 ; [1998] 96 Comp Cas 534, P. L. Lamba v. State of Rajasthan [1996] 1 Cri 148 and Anita v. Anil K. Mehra [1996] 1 Cri 412 ; [1998] 94 Comp Cas 5 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... accused, the fourth accused as the director of the first accused, the fifth accused as the general manager (finance) of the first accused-company, are responsible for the failure to make payment of the sums claimed under the notice and are guilty of the commission of an offence under Section 138 of the Negotiable Instruments Act and are liable to be punished therefor. 14. It is settled law that there must be averments in the complaint making accusation constituting the alleged offence to enable the magistrate to take cognizance of such offence and to issue process to such of the persons against whom the allegations have been made in the complaint. 15. In this context, it would be appropriate to quote the provisions under Section 141( ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tutory notice and as such, they are the parties to the offence. 18. Section 141(2) of the Negotiable Instruments Act would provide thus : (2) Notwithstanding anything contained in sub-section (1), where any offence under this Act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to, any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. 19. As laid down by this court as well as the apex court, mere issuance of cheque and the dishonour w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nt after receipt of notice within the statutory period, which alone would create the offence. 22. In the context of those allegations mentioned in the complaint, it cannot be stated that there is no averment that the offence was committed with the consent of the chairman, managing director, director and general manager, respectively. 23. Section 141(2) clearly provides that director, manager, secretary or other officer of the company shall also be deemed to be guilty of the offence provided there are averments to the effect that the offence was committed with their consent. 24. In the light of the said provision, it could be very well concluded that those averments covering sub-section (2) are very much available in the complaint. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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