2016 (10) TMI 435

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....ders of the accused/petitioners herein seeking printing, manufacturing and supply of cigarette packets of the make "Mono American Legend" and "Multi American Legend" the complainant manufactured, printed and supplied the cartons/cigarette packets and raised five invoices for a sum total of Rs. 12,94,685/-. Since earlier part/advance payment of Rs. 4,83,516/- had been received by the complainant a net sum of Rs. 8,11,169/- was still due and payable by Webtech. In part discharge of liability, the accused issued cheque bearing No.492444 dated 23rd July, 2015 for a sum of Rs. 7,75,659/- drawn on Bank of India, Okhla Industrial Estate, New Delhi Branch. When presented the cheque was returned with the cheque return advice dated 13th August, 2015 ....

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....allegations against each accused person and having failed to do so the complaint qua the petitioners is not maintainable. 6. Though in the complaint it is stated that the petitioner Nos. 2 and 3, that is, Aditya Tangri and Saurabh Tangri were no more the Directors, however, it is not clarified as to when the offence was committed, whether they were Directors or not and when they ceased to be the Directors. The Supreme Court in National Small Industries (Supra) laid down the principles regarding necessary averments in the complaint and how and in what manner the accused in a complaint under Section 138 read with Section 141 NI Act can be held guilty of consent and connivance or negligence. It was held:  "25. From the above discuss....