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2021 (10) TMI 197 - HC - Indian LawsDishonor of Cheque - power of attorney had personal knowledge in respect of the transaction or not - vicarious liability can be created by the complainants or not - HELD THAT:- In a case, where the Director or an officer of the company who has signed the cheque on behalf of the company, there would not be any need to make any specific averments that they were in charge of and responsible to the company for the conduct of the business of the company nor would necessary to make any specific allegation about consent, connivance or negligence. The very fact that the dishonoured cheque was signed by him on behalf of the company would give rise to the responsibility under Sub-Section (2) of Section 141 of the NI Act. The learned Trial Court Judge, has specifically dealt with the averments made by the complainant and the documents referred and has categorized the role of each of the accused before ordering issuance of the summons against accused nos.1, 3, 4, 6 and 7 of the complaint. Role of the petitioner nos.1 and 2 as accused nos.3 and 4 has been specified in the complaint and the learned Judge has taken cognizance of the fact and as rightly issued the summons against those accused- learned advocate for the petitioners has raised the issue about issuance of process against the accused persons under Section 202 of the Criminal Procedure Code beyond the territorial limits of the Court. Those are issues not required to be dealt with under Section 482 of the Criminal Procedure Code. This Court does not find any reason to interfere in the matter. In the result, present application is dismissed.
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