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2017 (10) TMI 457 - HC - Indian LawsDishonour of cheque - Maintainability of complaint u/s 138 of NI Act - whether petitioner is not a signatory to the cheque and that she being a nominal director is in no way connected with the day today affairs of the company - Held that:- In the complaint other than the cause title depicting the petitioner as director and impleading her as the third accused no other averment has been made that she is a person who at the time of the commission of the offencce was incharge of and was responsible to the company for the conduct of the company as well as the company. As per the dictum laid down in S.M.S.Pharmaceuticals Ltd., vs. Neeta Bhalla [2005 (9) TMI 304 - SUPREME COURT OF INDIA ] that absolutely when there is no averment in the complaint that the petitioner was in charge and responsible for the day to day affairs of the company, the essential requirements under Section 141 of the N.I Act, is not satisfied. Excepting the oral submissions raised by the counsel for the respondent at the time of the arguments before this court that the petitioner is the wife of the second accused who is the Managing Director and that she is also involved in the day to day affairs of the business no other averment has been made against her in the complaint. In view of Section 141 when there is no averment against the petitioner the proceedings against the petitioner is an abuse of process of law and is liable to be quashed. In the result, this Criminal Original Petition is allowed and the complaint as against the petitioner alone is quashed.
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