TMI Blog1999 (8) TMI 989X X X X Extracts X X X X X X X X Extracts X X X X ..... harging those liabilities three cheques were issued drawn on various banks. The complainant duly presented those cheques for realisation through their Banker which were returned unpaid with an endorsement indicating insufficiency of funds to the credit of A1. The complainant got served a notice as required under Section 138 of Negotiable Instruments Act calling upon the accused to pay the amounts covered by those cheques within a period of 15 days from the date of receipt of a copy of the said notice. The notice was not complied with and no payments were arranged on behalf of the accused. Thereafter, a complaint has been filed in CC No.995 of 1997. 3. The learned Counsel for the petitioner seeks quashing of the proceedings as far as the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , or is attributable to, any neglect on the part of, any Director, Manager, Secretary or other officer of the Company, such Director, Manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. The learned Counsel for the petitioner contends that inasmuch as in this case the cheques have been issued on behalf of accused No.1, if the Directors of the Company are sought to be made liable, then there must be a specific averment in the complaint that the accused who are sought to be made liable were at the time of the offence in-charge of, and responsible to the Company for the conduct of the business of the Company . The learned Counsel for th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the Negotiable Instruments Act are required to be re-produced in the complaint for satisfying the requirement of the section, In this case, there are various averments in the complaint which do go to show that the petitioner was sought to be made liable not merely on the ground that he was a Director but on the basis of his active involvement in the running of the Company. In para 1 of the complaint, it is stated that in the normal course of business, the accused 2 and 3 representing accused No.1 approached the complainant in the month of September, 1995 and requested for loan to the tune of ₹ 5 lakhs for the purpose of running the unit floated by them..... Para 2 of the complaint mentions that the complainant Company advance ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he petitioner being in-charge of the Company and being responsible to the Company the not re-produced, but there are indications that he was actively participating in the affairs of the Company and was representing the Company. 12. In a petition under Section 482 of Cr. PC, this Court is not expected to meticulously scrutinize and interpret every word in the complaint to ascertain whether the ingredients of the offence have been made out or not. If there are broad allegations indicating compliance with the statutory requirements for constituting an offence, the Court must not hasten to abort the proceedings whether the averments made in the complaint in the light of the evidence produced before the trial Court satisfy the requirements of ..... X X X X Extracts X X X X X X X X Extracts X X X X
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