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2016 (10) TMI 435 - BOMBAY HIGH COURT

2016 (10) TMI 435 - BOMBAY HIGH COURT - TMI - Criminal liability on the Directors - Held that:- Vicarious criminal liability on the Directors could only be fastened if they were in-charge and responsible for the conduct of the business of the company. As noted above in the complaint filed, the averments that the three petitioners herein were the Director, In-charge and responsible for the day-to-day affairs and conduct of the business of Webtech has clearly been made. - Considering the fact .....

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presented by: None. MUKTA GUPTA, J. (ORAL) 1. A complaint case under Section 138 read with Section 141 of the Negotiable Instruments Act, 1881 (in short NI Act ) was filed by the respondent M/s Neutech Packaging (in short Neutech ) against M/s Webtech Packaging (I) Pvt. Ltd. (in short Webtech ) and its four Directors. 2. In the complaint the respondent alleged that on the specific purchase orders of the accused/petitioners herein seeking printing, manufacturing and supply of cigarette packets of .....

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wn on Bank of India, Okhla Industrial Estate, New Delhi Branch. When presented the cheque was returned with the cheque return advice dated 13th August, 2015 stating Exceeds Arrangement . Neutech sent a demand notice dated 18th August, 2015 dispatched on 22nd August, 2015 through speed post demanding payment of cheque amount within 15 days however, despite receipt of the statutory notice the accused failed to pay the cheque amount and furnished a reply dated 14th September, 2015 through the couns .....

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ive of the company being examined, the learned Trial Court summoned the accused persons/petitioners herein vide order dated 21st November, 2015. Hence the present petition by Ramani Tangri, Aditya Tangri and Saurabh Tangri. 5. Learned counsel for the petitioner relying upon the decision of the Supreme Court reported as JT 2010 (2) SC National Small Industries Corporation Ltd. vs. Harmeet Singh Paintal & Anr. submits that since no overt act has been attributed to the petitioners herein, the o .....

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e Directors or not and when they ceased to be the Directors. The Supreme Court in National Small Industries (Supra) laid down the principles regarding necessary averments in the complaint and how and in what manner the accused in a complaint under Section 138 read with Section 141 NI Act can be held guilty of consent and connivance or negligence. It was held: 25. From the above discussion, the following principles emerge: (i) The primary responsibility is on the complainant to make specific aver .....

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