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2016 (5) TMI 769 - SUPREME COURT

2016 (5) TMI 769 - SUPREME COURT - TMI - Complaint made under Section 141 of the Negotiable Instruments Act - validity of summons - Held that:- We find that in the complaint, the appellant has not made a specific statement that the appellant as a Director and arrayed as an accused was in-charge and was responsible to the Company for the conduct of the business of the Company in its day-to-day affairs.

In view of that, we do not find that the complaint which has been lodged is in conso .....

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PINAKI CHANDRA GHOSE AND MR. AMITAVA ROY, JJ For the Petitioner : Mr. Huzefa Ahmadi, Sr. Adv., Mr. Abhishek Garg, Adv., Mr. Dinesh Kumar Garg, Adv. And Mr. R. C. Kaushik, AOR For the Respondent : Mr. Binay Kumar Das, AOR And Mr. Vivek Gupta, AOR ORDER Leave granted. We have heard learned counsel appearing for the parties. The High Court dismissed the applications of the appellants filed under Section 482 of Cr.P.C. praying for quashing of the summoning order in Criminal Complaint No. 408/1 of 20 .....

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ts has drawn our attention to the judgment of this Court reported in National Small Industries Corporation Limited vs. Harmeet Singh Paintal and Another, (2010) 3 SCC 330, wherein this Court, while dealing with an almost similar fact situation had held in paras 12 & 13 as follows: 12. It is very clear from the above provision that what is required is that the persons who are sought to be made vicariously liable for a criminal offence under Section 141 should be, at the time the offence was c .....

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