TMI Blog2006 (12) TMI 539X X X X Extracts X X X X X X X X Extracts X X X X ..... Procedure, 1973 is directed against the order dated 5.9.2003 whereby the petitioner along with other accused have been summoned in respect, of the complaint bearing No. 9234/2001 entitled Umano Moda v. Gin Co. Ltd. pending before the learned Metropolitan Magistrate. Two cheques were issued by Gin Company Ltd., which is the accused No. 1 in this case, in favor of the complainant. The cheques were ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... poses of roping in the petitioner in this complaint. The reason being that the petitioner cannot be regarded as a person who was in charge or responsible to the accused No. 1 company for the conduct of business of the said company as contemplated under Section 141. The petitioner was neither a share-holder nor a director or an employee of the said company. Therefore, there was no question of the p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he offence was committed, was in charge of and was responsible to the company for the conduct of the business of the company has been made liable along with the company. A reading of Section 141(2) of the Negotiable Instruments Act, 1881 gives an indication as to who those persons might be. The persons mentioned in Sub-section (2) of Section 141 are 'any director', manager, secretary or ot ..... X X X X Extracts X X X X X X X X Extracts X X X X
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