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2018 (6) TMI 1368 - HC - Indian LawsDishonor of Cheque - insufficiency of funds - The present cheque is alleged to have been issued on 31.05.2012 and so on the date of issuance of the cheque, the present petitioner was not a director in the first accused Company - Held that:- The cheque in question was issued on 30.05.2012 and admittedly, the cheque was not issued by the present petitioner. Though, it is contended by the respondent/complainant that the petitioner/4th accused is one of the directors of the first accused Company, he has not made specific averments as to the role played by him. Time and again, it has been asserted by the Hon'ble Supreme Court that only those persons who were in charge of and responsible for the conduct of the business of the Company at the time of Commission of an offence, will be liable for criminal action. A director, who was not in charge of and was not responsible for the conduct of the business of the Company at the relevant time, will not be liable for an offence under Section 141 of the Negotiable Instruments Act. The complaint filed against the present petitioner cannot be sustained and therefore, is liable to be quashed under Section 482 of Cr.P.C. However, the trial should go as far as the other accused are concerned. Since the complaint has been filed during the year 2012, the learned Judicial Magistrate No.VI, Coimbatore, is directed to dispose of the complaint within a period of three months from the date of receipt of a copy of this order - petition allowed.
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