Director liability for cheque dishonour requires specific averments of being in charge of company business, not mere designation.

A company director can be made liable for cheque dishonour under section 141 of the Negotiable Instruments Act only if the complaint contains specific averments that, at the time of the offence, he was in charge of and responsible to the company for the conduct of its business. A bare statement that the accused was a director is not enough to satisfy section 141(1). On the facts stated, the complaint failed to plead the necessary ingredients against the appellant, so proceedings could not be sustained against him.

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Issues: Whether the complaint contained sufficient averments to proceed against a company director under section 141 of the Negotiable Instruments Act, 1881 for the dishonour of cheques under section 138 of that Act.

Analysis: Liability of a person other than the company arises only when, at the time the offence was committed, that person was in charge of and responsible to the company for the conduct of its business. The complaint must, in substance, contain allegations satisfying those ingredients. A bare reference to the accused being a director, without asserting that he was in charge of and responsible for the company's business at the relevant time, is insufficient to attract section 141(1).

Conclusion: The complaint did not disclose the necessary averments against the appellant, and proceedings could not be sustained against him.

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