2000 (9) TMI 971

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....roceedings emanating from the complaint filed by the respondent-company against him and others under section 138 of the Negotiable Instruments Act, 1881 ('the Act'). The High Court took the view that the averments made in the complaint read along with the statement of the witness, prima facie, go to show that at the relevant time, the appellant being the director of the accused company, was also in charge of and responsible for the business of the accused company. 2. V.R. Reddy, the learned senior counsel appearing for the appellant submits that a plain reading of the relevant allegations made in the complaint does not even, prima facie make out a case against the appellant. He argues that it is not a case where the appellant has signed ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ance of the same and the three cheques which were issued to the complainant for the payment of the value of the preferential shares on the date of maturity. Accused Nos. 4 and 5 are the signatories of all the three cheques. All the accused persons hatched a conspiracy with a mala fide intention to deceive the complainant to the tune of Rs. 57 lakhs, thereby committing an offence of cheating and are liable to be punished under section 429/120B of the Indian Penal Code. All the accused persons are also responsible for the dishonourment of the cheques under the Negotiable Instruments Act and all are liable to be punished for the offences committed under section 138 of the Negotiable Instruments Act. All the accused persons have failed to make ....