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TMI Blog2024 (12) TMI 1090X X X X Extracts X X X X X X X X Extracts X X X X ..... aw enunciated in the decision in Ashok Shewakramani s case [ 2023 (8) TMI 599 - SUPREME COURT ] is that to maintain a complaint and to frame a charge under Section 138 of the NI Act, there must be a specific averment against the person concerned that he was in-charge of, and responsible for the company concerned in the matter of conduct of its business. This position is now well settled and is being followed with alacrity. Though, the learned counsel appearing for the second-respondent in all these cases, took pains to convince that the complaint concerned carried necessary averments required statutorily to maintain them however, on perusing the said complaints, there are no hesitation to hold that the aforesaid mandatorily required avermen ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rein under Section 482 of the Code of Criminal Procedure, 1973 (for short the Cr.P.C. ) seeking quashment of summoning orders in five complaint case Nos. viz., 49307 of 2016, 49308 of 2016, 49309 of 2016, 49310 of 2016, and 48700 of 2016 instituted under Sections 138 and 142 of the Negotiable Instruments Act, 1881 (for short the NI Act ) and further proceedings arising from the said complaint cases as well as to set aside orders by which his applications for discharge, passed by the Metropolitan Magistrate, New Delhi District, Patiala House Courts, New Delhi in those complaint cases. All the aforesaid complaint cases were filed by the self-same complainant viz., M/s Pinnacle Capital Solution Pvt. Ltd. which is the respondent No.2 in all the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nd all proceedings emanating therefrom. 4. As per the impugned common order dated 21.08.2023 the High Court declined to exercise the power under Section 482, Cr. P.C. and consequently, dismissed the petitions qua the appellant. Hence, the captioned appeals. 5. Heard learned Senior Counsel appearing for the appellant and also the learned counsel appearing for the respondent. 6. The crux of the contention is that the complaint lacks the mandatorily required averment to maintain a complaint for commission of offence under Section 138 of the NI Act. To buttress the said contention, learned Senior Counsel relied upon the decision of this Court in Ashok Shewakramani Ors. v. State of Andhra Pradesh Anr. (2023) 8 SCC 473; 2023 INSC 692. 7. The law ..... X X X X Extracts X X X X X X X X Extracts X X X X
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