Home Case Index All Cases Indian Laws Indian Laws + HC Indian Laws - 2022 (8) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2022 (8) TMI 533 - HC - Indian LawsDishonor of Cheque - whether petitioner no. 3 has got any responsibility for the conduct of business of the company in connection with the issuance of impugned cheque by the company in respect of which proceeding under Section 138 of the Negotiable Instruments Act has been initiated by the complainant/opposite party? - HELD THAT:- At the time when the offence under section 138 of N.I. Act was committed, all the three petitioners are in charge of and was responsible to the company for the conduct of the business of the company as alleged in paragraph 4 of the complaint. When the specific allegation in complaint supported by documents like DIR-12 and notice of resignation, it is made clear that petitioners were responsible for the day to day affairs of the company and it’s decisions, the defence that petitioner no. 3 was no longer the directors of the company at the time when the cheque was presented and dishonoured, had to be substantiated by the accused/petitioner and this could be done only at the stage of trial. Since this is a proceeding, under Section 138/141 of the Negotiable Instruments Act, 1881 and pending for last six years, learned Metropolitan Magistrate, 20th Court at Calcutta is hereby requested to make expeditious disposal of the case and to dispose of the entire proceeding preferably within a period of six months from the date of the order, without granting any unnecessary adjournment to either of the parties. Application disposed off.
|