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2016 (9) TMI 660 - HC - Indian LawsDishonor of cheque - Summon to the petitioner under Section 319 Cr.P.C - Held that:- Undisputedly, the petitioner was the Chairman and Managing Director of the company and as per the judgment in the case of S.M.S. Pharmaceuticals (2005 (9) TMI 304 - SUPREME COURT OF INDIA ), the Managing Director would be responsible for day to day affairs of the company. The argument advanced by the learned Senior Counsel for the petitioner that the petitioner was not intervening in the day to day proceedings of the company, is of no consequence when the cheques in question were issued during the course of day to day business transactions for the benefit of the company. More the reason that in the complaint filed before the Trial Court the company had already been impleaded as one of the respondents. The only part left is that the name of Mr.Vijay Mallya as Chairman and Managing Director of the company was not added in the original complaint filed under Section 138 of the Negotiable Instruments Act. Adding the name of Mr.Vijay Mallya during the proceedings brought forth before the Court below that he was the Chairman and Managing Director of the company which is guilty for dishonouring the cheques in question, would be covered under Section 141 of the Negotiable Instruments Act and cannot be termed as abuse to the process of law as envisaged in Section 482 Cr.P.C. In view of the above facts and circumstances, this Court is of the considered opinion that the order passed by the learned Trial Judge cannot be termed as unsustainable or illegal or abuse to the process of law and no ground is made out to set aside the same.
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