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2018 (7) TMI 1602 - HC - Indian LawsDishonor of cheque due to insufficiency of funds - Section 138 of the Negotiable Instruments Act, 1881 - Concern on day to day activities of company - petitioners were the Directors of the company accused, denying that they had any concern or responsibility with the conduct of the day-today business of the company - Held that:- Averments are deficient to the effect that there is not even a whisper of allegation that the petitioners are persons who were in charge of or responsible to the company accused for the conduct of its business “at the time the offence was committed”. The petitioners are not stated to be signatories to the cheques in question. They cannot be roped in merely because they have been directors of the company accused. The general averments that they were responsible for all the business dealings and for the circumstances leading to the dishonour of the cheques or that they had given any assurance as to the cheques, do not suffice. The view taken by the revisional court, therefore, cannot be upheld - The complaint cases, in so far as these petitioners are concerned, do not pass the muster of the requisite basic averments - petitions are allowed - decided in favor of petitioners.
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