2010 (8) TMI 178

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....tiable Instruments Act, 1881 (for short "the Act") pending before the learned Metropolitan Magistrate, Tis Hazari courts. 2. The limited grievance of the petitioner herein is that the complaint qua him is liable to be quashed as the contents thereof even if taken to be true, do not fulfil the ingredient of the offence against him. 3. The case of respondent No. 1 company/complainant as set out in the complaint is that the accused, who were directors of M/s. Majestic Agencies P. Ltd., were appointed as one of its dealers, for the sale of its electronic products and pursuant to an order for supply of some such products, marketed by the respondent/complainant, the goods were supplied to the accused from time to time and regular invoices w....

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....is liable to be quashed as the respondent has not stated as to how the petitioner has been made an accused or was in charge of the business of the company at the relevant time. In this regard, he seeks to place reliance on the decisions of the Supreme Court in the case of K.K. Ahuja v. V.K. Vora [2009] 152 Comp. Cas. 520 ; [2009] (3) JCC (NI) 194 and in the case of National Small Industries Corp. Ltd. v. Harmeet Singh Paintal [2010] 154 Comp. Cas. 313 ; [2010] JT (2) SC 161. 6. No doubt that in a complaint, mere reproduction of the wording of section 141(1) of the Act, is not sufficient to make a person liable to face prosecution and the same cannot be treated as the intention of the Legislature for the reason that it would result in abs....

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....No. 1996 of 2010), a single judge of this court has observed that the quashing of summoning order cannot be sought on the ground that the complaint and the evidence before the learned Metropolitan Magistrate does not disclose commission of offence by the petitioner/ accused. If the petitioner has other defences available to him, including the fact that he was not a director of the company at the relevant time or that he was not responsible for the conduct of the affairs of the company or only a sleeping partner in a partnership firm, etc., he is entitled to appear before the Metropolitan Magistrate and take such pleas. The proceedings under section 138 of the Act being summary proceedings, the petitioner can make his submissions before the ....