2006 (12) TMI 539

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....rrez Ahmed, J. 1. This petition under Section 482 of the Code of Criminal Procedure, 1973 is directed against the order dated 5.9.2003 whereby the petitioner along with other accused have been summoned in respect, of the complaint bearing No. 9234/2001 entitled Umano Moda v. Gin Co. Ltd. pending before the learned Metropolitan Magistrate. Two cheques were issued by Gin Company Ltd., which is th....

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....n 141 of the Negotiable Instruments Act, 1881 cannot be utilised for the purposes of roping in the petitioner in this complaint. The reason being that the petitioner cannot be regarded as a person who was in charge or responsible to the accused No. 1 company for the conduct of business of the said company as contemplated under Section 141. The petitioner was neither a share-holder nor a director o....

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.... issues the cheque is made liable but, also the person who, at the time of the offence was committed, was in charge of and was responsible to the company for the conduct of the business of the company has been made liable along with the company. A reading of Section 141(2) of the Negotiable Instruments Act, 1881 gives an indication as to who those persons might be. The persons mentioned in Sub-sec....