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2018 (1) TMI 745 - HC - Indian LawsMaintainability of petition - Designation to issue cheque - applicability of Section 141(ii) of the Negotiable Instrument Act - Held that: - The present case would not fall under Section 141 (ii) of the Act, since there is no designation is mentioned in the complaint for the petitioner/2nd accused. In the complaint it is stated that the petitioner herein is an Authorized signatory of M/s. Chaya Knitting Ltd., Company. Therefore, Section 141 (ii) is not come into play - the mere averment in the complaint that the accused No.2 and 3 are Authorized Signatories and are responsible persons for the conduct and day to day affairs of the company alone is not sufficient in the absence of specific averment with regard to the position and duties of the petitioner/2nd Accused in the company and his role in regard to the issuance of cheque. Petition allowed.
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