9911796707
TMI Blog2007 (8) TMI 820X X X X Extracts X X X X X X X X Extracts X X X X ..... Learned counsel for the petitioners concedes that the belief of learned counsel for the petitioners is in sweet ignorance of law. 3. Suffice would it be to state that where a company and the living human being stated to be in charge and control of the affairs of the company are impleaded as accused persons, each is an accused in its/his individual capacity and each must take recourse to legal remedy available as per law. 4. Be that as it may, amended memo of parties is taken on record. Ms. Karuna Bhatia is impleaded as petitioner No.2. 5. Petitioners are aggrieved by the fact that they have been summoned to face trial in a complaint filed by respondent No.2 under Section 138 of the Negotiable Instruments Act 1881. 6. First petit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... notice dated 24.3.2003 calling upon the noticee to honour the cheque by making payment in sum of Rs.44,86,000/-. 14. Aforesaid notice was replied by the petitioners on 7.3.2003 informing that the banker's cheque was issued erroneously as the account of M/s. A.D. Exports Pvt. Ltd. had been attached by the income tax authorities much prior to the date when banker's cheque was issued. 15. M/s. Omniplast Pvt. Ltd. filed a complaint under Section 138 of the Negotiable Instruments Act, inter alia stating that once the banker had debited the account of the client and had issued the banker's cheque, liability to pay was taken over by the banker, thus, it was prayed that action as per law be taken against the petitioners. 16. As ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... complainant when notice of demand was served that the banker's cheque was not being honoured because the account of the customer had been attached by the income tax authorities and notwithstanding said attachment, by mistake, the banker's cheque in question was issued. Thus, on a mere reading of the complaint it would be evident that cognizance of the complaint could not have been taken by the learned Magistrate. 22. I clarify once again that tort of negligence is not an ingredient of an offence under Section 138 of the Negotiable Instruments Act 1881. 23. The petition is accordingly allowed. 24. Summoning order against the petitioners and the criminal complaint filed by M/s. Omniplast Pvt. Ltd. under Section 138 of the Neg ..... X X X X Extracts X X X X X X X X Extracts X X X X
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