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2018 (8) TMI 2077 - HC - Indian LawsDishonor of Cheque - contention of the respondents is that no case was made out for they to be summoned only because they were alleged to be directors of the concerned company (first accused) - inherent power of this Court under Section 482 of the Code of Criminal Procedure, 1973 - HELD THAT:- The case involves the application of the penal clause contained in Section 138 of Negotiable Instruments Act, 1881, the liability of the respondents requiring to be examined also in light of the provision contained in Section 141 thereof - Mere allegations that these respondents were directors or "active participants" in the management or day to day affairs of the company are not sufficient. There is no averment, not even remotely made, that they were incharge of or responsible for affairs of the company "at the time of commission of the offence". The opinion leading to the revisional court's order, thus, cannot be faulted. The petition and the pending application are dismissed.
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