2018 (6) TMI 1368

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....r Section 200 of Cr.P.C., against the present petitioner as well as three other accused, for the alleged offences punishable under Sections 138, 141 and 142 of the Negotiable Instruments Act. 3. The case of the first respondent/complainant is that the first accused Sea Queen Shipping Service (Pvt) Ltd., Company, is a clearing and forwarding agent and the second accused is the Managing Director of the said Company. The further contention of the respondent/complainant is that accused 2 to 4 who were the Directors of the first accused Company jointly approached the respondent/complainant and borrowed a sum of Rs. 8,25,000/- on 15.02.2011 for the purpose of developing their business and agreed to pay the said amount together with interest at....

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....t at the time of the offence, the present petitioner was in charge of, and responsible for the conduct of the business of the Company and that the requirement of Section 141 has not been complied with by the respondent/complainant. 6. As far as the first ground is concerned, it is clear from Form-32 issued in pursuance of Sections 303(2), 264(2) or 266(1)(a) and 266(1) (b) (iii) of the Companies Act, 1956, that the petitioner ceased to be a Director of the first accused Company with effect from 31.12.2009. The present cheque is alleged to have been issued on 31.05.2012 and so on the date of issuance of the cheque, the present petitioner was not a director in the first accused Company. 7. As far as the second ground is concerned, while....

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....th the consent or connivance, of, or is attributable to, any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary of other officer shall also be deemed to be guilty of that offence shall be liable to be proceeded against and punishable accordingly." Explanation:- For the purpose of this Section,- (a) company means any body corporate and includes a firm or other association of individuals; and (b) director , in relation to a firm, means a partner in the firm. 8. The key word which occurs in the Section is every person . These are general words and take every person connected with a Company within their sweep. However, what is required is that....

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....e spelled out in the complaint against the person sought to be made liable. Section 141 of the Act contains the requirements for making a person liable under the said provision. That the respondent falls within the parameters of Section 141 has to be spelled out. A complaint has to be examined by the Magistrate in the first instance on the basis of averments contained therein. If the Magistrate is satisfied that there are averments which bring the case within Section 141, he would issue the process. We have seen that merely being described as a director in a company is not sufficient to satisfy the requirement of Section 141. Even a non-director can be liable under Section 141 of the Act. The averments in the complaint would also serve the ....