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HC quashed proceedings against petitioners under Section 138 read with Section 141 of Negotiable Instruments Act for dishonoured cheque issued by accused Cooperative Society. Court held that complainant failed to establish primary requirement under Section 141(1) by not alleging in complaint that petitioners were in charge of and responsible for Society's business conduct at time of offence commission. Mere general statements about managing affairs insufficient without specific allegations of charge and responsibility. Following Supreme Court precedent in Ravi Dhingra case, Court found prosecution against Managing Director and Authorised Signatory prima facie unsustainable due to absence of essential allegations. Petition allowed, proceedings quashed.
HC quashed proceedings against petitioners under Section 138 read with Section 141 of Negotiable Instruments Act for dishonoured cheque issued by accused Cooperative Society. Court held that complainant failed to establish primary requirement under Section 141(1) by not alleging in complaint that petitioners were in charge of and responsible for Society's business conduct at time of offence commission. Mere general statements about managing affairs insufficient without specific allegations of charge and responsibility. Following Supreme Court precedent in Ravi Dhingra case, Court found prosecution against Managing Director and Authorised Signatory prima facie unsustainable due to absence of essential allegations. Petition allowed, proceedings quashed.
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