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2018 (4) TMI 1924 - HC - Indian LawsSeeking quashment of the Criminal Complaint case by invoking extra ordinary jurisdiction of this Court - Dishonor of Cheque - Vicarious liability of director of the firm - non-availability of specific averments against the present petitioner as required under the law - HELD THAT:- Since the complaint dated 30.8.2013 in the present case does not contain specific averments against the present petitioner as required under the law, therefore, the trial Court could not have taken cognizance against the present petitioner No.2 Sagufta Shahin. The vicarious liabilities on the petitioner has not been clearly pleaded in the memo of complaint. There is no allegation also that the petitioner was in charge and responsible for conduct of petitioner No.1/company at the relevant time. The order impugned taking cognizance of the offence is not proper - the complaint case is not maintainable and exercising the powers under Section 482 of Cr.P.C. the same is quashed.
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