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2021 (6) TMI 548 - HC - Indian LawsDishonor of Cheque - necessary ingredients for offence against company present or not - Section 138 read with Section 141 of the NI Act - HELD THAT:- The Managing Director and Director who issued the cheque would be accused for offence under Section 138 of the N.I. Act in case offence committed by the company. It is not necessary to make specific averments in the complaint and by virtue of Section 141 of the N.I. Act they are liable to be proceeded in accordance with law. It is not in dispute that petitioner No. 2 has issued cheque on behalf of the company as Managing Director to the respondent/complainant as stated in para 4 of the complaint. It is for the petitioners to establish the said plea before the trial Court during the course of trial as the issue cannot be adjudicated in this petition at this stage. As such, learned JMFC is absolutely justified in issuing process after taking cognizance of offence under Section 138 of the N.I. Act. I do not find any perversity or illegality in order taking cognizance for the aforesaid offence. Petitioners are at liberty to raise all the grounds before the trial Court during the course of trial. It is made clear that this Court has not expressed any opinion on the merits of the matter. Petition dismissed.
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