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2021 (11) TMI 755 - HC - Indian LawsDishonor of Cheque - specific allegations made against these petitioners about their role in issuing the cheques in question and its subsequent dishonour or not - vicarious liability under Section 141 of NI Act - HELD THAT:- The responsibility of the directors and day to day activities of the directors in the company would be disclosed in the Trial - Further, the reliance of the Judgment in the case of "Pooja Ravinder Devidasani Vs. State of Maharashtra and another" [2014 (12) TMI 1070 - SUPREME COURT] placed by the learned counsel for the petitioners wherein it is held that "the appellant was neither a Director f the accused company nor in charge of or involved in the day to day affairs of the company at the time of commission of the alleged offence. There is not even a whisper or shred of evidence on record to show that the appellant could be vicariously held liable for the offence with which she is charged". However, in the present case, it is admitted fact that the cheques were issued by the Directors with seal of the company and signature of the petitioners who were the directors in the company in favour of the respondent/complainant for the supply of the material.ie. waste and scrap of iron and steel to M/s. Mehala Castings and Components Pvt. Ltd. These cheques have been given for the business transaction held between the petitioner's company and the complainant's company. In such circumstances, the petitioners/Directors of the company have issued the said cheques in question in favour of the respondent/complainant. Whether the company is not functioning from January 2014 and the petitioner were not directors in the company at that point of time could be tried and decided only in the Trial. Further the averments made by the petitioner is not acceptable while the petitioners have not produced any substantial material to prove that the directors have not involved in the affairs of the company and they were not responsible in the day to day activities of the company - All these averments are factual in nature and the same has to be established only at the time of Trial. The petitioners cannot seek to quash the C.C.Nos.367 and 368 of 2015 on the file of the Judicial Magistrate Court No.1, Tiruppur as they have failed to produce the substantial evidence to prove their averments before this Court. Hence, this Court is not inclined to accept the contentions of the petitioners - Petition dismissed.
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