Home Case Index All Cases Indian Laws Indian Laws + HC Indian Laws - 2019 (11) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2019 (11) TMI 165 - HC - Indian LawsDishonor of Cheque - cheques returned for “funds insufficient” - mandatory provisions of Section 138 of the Negotiable Instruments Act have been complied or not - HELD THAT:- There are specific allegations made by the complainant against the present Applicant that he is the director of accused No.1 company along with other accused and they are all collectively involved in the core functioning of the company including all its major decision making i.e. finance etc and, they were and are in charge of and responsible for the conduct of the business and affairs of the company at the time commission of the offence. It is also alleged that Accused Nos. 2 to 8 play an active role in the functioning affairs and business activities of the company. The complainant has specifically alleged that Accused Nos. 2 to 8 have dealt with Respondent No.1 complainant at the time of the transaction with the complainant. It is required to be noted that the present Applicant is original accused No.6 in the complaint. This Court is of the opinion that, whether the appointment of the Applicant was an independent director or the director of the company and, whether he was playing active role in the day to day affairs of the company at the relevant time or not, would be a matter for appreciation of the contentions of the parties by the trial Court. It would depend upon appreciation of evidence, and the documents filed in the Trial Court. The question as to whether the present Applicant was an independent director of accused No.1 company or he was a director of accused No.1 company at the relevant time has to be decided only during trial after giving opportunity to the parties to lead evidence in that regard. Application dismissed.
|