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2021 (12) TMI 275 - HC - Indian LawsDishonor of Cheque - signatories of the defaulted cheque - Liability of Chairman / Managing Director - burden to establish the applicability of the exemption created by the second proviso to Section 141 of the Act - case of applicants is that no proceedings may continue against any of the accused persons/applicants by virtue of the bar created by the second proviso to Section 141 of the Act - HELD THAT:- In the context of the present facts, none of the applicants namely Krishan Mohan Pandey, Manoj Kumar Pathak, Bhikari Singh and Yogesh Shukla are shown to be either officers of the Central Government or the State Government or a Financial Corporation owned or controlled either by the State Government or Central Government. It is also not shown that they had been nominated as Directors of the Corporation by virtue of that office held. On the contrary, it does appear that all the applicants were appointed as officers of the Corporation itself. The burden to establish the applicability of the exemption created by the second proviso to Section 141 of the Act was on the applicants. That burden not discharged, at present, no good ground is made out to offer any interference on such count. It is however made clear that the Court has not adjudicated the rights of the applicants on this issue. It may therefore remain open to the applicants to raise proper objection before the learned Magistrate, if such facts exist. Prima facie case is made out against applicant nos. 1 and 2 at this stage. Therefore, the application filed on behalf of applicant nos. 1 and 2 is dismissed. At the same time, it may be noted that the present application was filed in the year 2009 and there is an interim order operating in favour of the applicants since 03.06.2009. More than 12 years have passed - in absence of any specific allegation made against applicant no. 3-Bhikari Singh, the complaint may not be prosecuted further against him. Having done that there was no liberty available to the complainant and there was no requirement in law to implead the Managing Director. The Corporation is a juridical person, which was required to be impleaded (in the complaint lodged) to fulfill the requirement of law. That requirement however does not create any offence by its Managing Director. The entire proceedings of Complaint Case No. 283 of 2007 (Dinesh Tyagi Vs. Manoj Pathak), under Section-138 Negotiable Instruments Act, 1881, pending in the court of Special Chief Judicial Magistrate, Meerut against applicant no. 3 and Yogesh Shukla are quashed - Application allowed in part.
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