TMI Blog2018 (8) TMI 2077X X X X Extracts X X X X X X X X Extracts X X X X ..... s of the company are not sufficient. There is no averment, not even remotely made, that they were incharge of or responsible for affairs of the company at the time of commission of the offence . The opinion leading to the revisional court's order, thus, cannot be faulted. The petition and the pending application are dismissed. - Crl. M.C. 1655/2015 And Crl. M.A. 11097/2015 - - - Dated:- 20-8-2018 - R.K. Gauba, J. For Appellant: Sunil K. Mittal, Gurpreet Singh, Raveesh Thukral and Kshitij Mittal, Advs. For Respondents: Ashim Vachher, Adv. ORDER R.K. Gauba, J. 1. The petitioner had instituted a criminal complaint (CC No. 541/2013) in the court of Metropolitan Magistrate on 03.04.2013 involving offence pun ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the concerned company (first accused). Thus, by order dated 13.10.2014 of the revisional court, the proceedings in the criminal case against the respondents were closed. It is the aforesaid order which is challenged by the petition at hand invoking the inherent power of this Court under Section 482 of the Code of Criminal Procedure, 1973 (Cr.P.C.). 4. The petitioner has placed reliance on judgments reported as Standard Chartered Bank vs. State of Maharashtra Ors. (2016) 6 SCC 62; Tamil Nadu News Print Papers Ltd. vs. Dr. Karunakar Ors. 2015 SCC online SC 741; Shashi Jindal vs. Govt. of NCT 2015 SCC Online Del 13066; Gunmala Sales (P) Ltd. vs. Anu Mehta (2015) 1 SCC 103; Ashesh Devendrabhai Vyas v. The State of Delhi Anr. 2015 (2 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e Del 10030. In the context of the penal clause under Section 138 of Negotiable Instruments Act, 1881, this Court in Jwala Devi Enterprises P. Ltd. (supra) had observed:- 6. It is clear from the plain reading of the above quoted provision and is now also well settled that the offence under Section 138 of the Negotiable Instruments Act does not stand constituted merely upon dishonor of a cheque. The dishonor of a cheque which had been issued by the person (who is sought to be prosecuted) in favour of the complainant must be followed by a notice of demand within the stipulated period. It is the non-payment of the amount of the cheque within the statutory period after service of the notice of demand which constitutes the offence that is pu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ible for the conduct of the business of the company and, therefore, can be proceeded against in terms of Section 141; (iv). Merely because a person is a director of the company is not sufficient to make him liable under Section 141, there being no deeming that by holding such position he is in charge of, or responsible for the conduct of the business of, the company within the meaning of Section 141; (v). It is necessary for the complainant to specifically aver in the complaint that at the time the offence was committed, the person sought to be prosecuted was in charge of, or responsible for the conduct of the business of, the company in terms of Section 141, there being no need for further particulars to be given in the complaint abo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ardware and networking equipment. It is submitted that the Accused No. 2 to 5 are the directors of the company and are in-charge and responsible for the day to day affairs of the Accused no. 1. It is submitted that accused no. 2 is signatory to the cheque, accused no. 4 is whole time director of the company and is also responsible for the day to day affairs of the company, accused no. 3 5 are directors of accused no. 1 are active participants in the management and day-to-day affairs of the company. Computer generated copy of list of directors taken from the official website of Ministry of corporate affairs is annexed herewith as Annexure A-2 . (emphasis supplied) 9. Mere allegations that these respondents were directors or active p ..... X X X X Extracts X X X X X X X X Extracts X X X X
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