TMI Blog2010 (10) TMI 1196X X X X Extracts X X X X X X X X Extracts X X X X ..... process passed by the learned Metropolitan Magistrate's 58th Court, Bandra, Mumbai on the complaints filed by Respondent No. 2 under section 138 read with section 141 of the Negotiable Instruments Act, 1881. 4. Brief facts are as under:- 5. Respondent No. 2 is a Finance Company registered under the Companies Act and provides financial assistance to the Industrial Enterprises. Petitioner herein is an original accused No. 3. Respondent No. 2 filed complaints against M/s. Elite International Pvt. Ltd. and its Directors including the petitioner herein. In the said complaints it has been alleged that accused No. 2 to 5 approached them for trade finance facility and, accordingly, the said facility was granted to the accused and towards ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f resignation of the Petitioner is concerned, the said fact has been disputed by the complainant and, therefore, the said issue could be decided only at the time of trial after proving the documents on which reliance has been placed by the Petitioner. 8. So far as the question of resignation of the petitioner is concerned, since this is a disputed question of fact, it will have to be decided by the Trial Court after evidence is adduced by both parties and after the Petitioner proves the documents on which reliance is placed by her. So far as the question of insufficient averments in the complaints are concerned, in my view, perusal of the complaints clearly indicates that necessary averments are made in the complaints in order to attract ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... oth under R.P.A.D. U.P.C. on 06/11/08. I say that notice was received by all the accused on or about 08/11/08 and notice sent through U.P.C. are deemed to have been served. However, accused have failed and neglected to make our payment under the above said dishonoured cheques. From the aforesaid averments, it can be seen that the role of the Petitioner who is the original accused No. 3 is clearly reflected in the said averments and it is also specifically mentioned that the Petitioner and the other Directors were in charge of and responsible for the conduct of the business of accused No. 1 and were also looking after day-to-day business of accused No. 1. It is also stated that accused are liable to be prosecuted since they had connive ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Petitioner cannot be accepted. 11. All these Writ Petitions are dismissed. Rule in each of these Petitions is discharged. Hearing of the trial is expedited. 12. Petitioner, however, is exempted from appearing in Trial Court. Her plea shall be recorded through her advocate. Her statement under section 313 also shall be recorded through her advocate as per the procedure laid down under section 313 sub-clause (5). Petitioner, however, shall give usual undertaking that she will not dispute her identity or the answers which are given by her advocate to the questions which are asked under section 313 of Cr.P.C. Petitioner's advocate, however, shall cooperate with the Court and if he does not remain present on more than two dates, trial ..... X X X X Extracts X X X X X X X X Extracts X X X X
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