2006 (8) TMI 699

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....iled by respondent No.2 herein under Section 138 of the Negotiable Instruments Act in which the petitioner has been arrayed as accused No. 2. As per the averments made in the said complaint, accused No. 1, namely, Bankman Co-operative Urban (Salary Earners) Non-Agriculture Thrift and Credit Society Ltd. (hereinafter referred to as the 'Society') had issued cheques for repayment of loan/dep....

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....re are no imputations against the petitioner in the entire complaint except averment in para 5 to the effect that the respondent herein/complainant had informed him about the dishonour of the cheque. As per the provisions of Section 141 of the Negotiable Instruments Act, any person who is in-charge of the affairs of the company/body corporate can be made accused. But there has to be averments in t....

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....t has to be considered on the basis of provisions contained in Section 138 and 141 of the Negotiable Instruments Act read in the light of powers of a Magistrate referred to in Section 200 to 204 of the Code of Criminal Procedure. The fact that a Magistrate has to consider the complaint before issuing process and he has power to reject it at the threshold, suggests that a complaint should make out ....

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....gments of different High Courts as well as in its own judgments including the case of Monaben Ketanbhai Shah v. State of Gujarat, 2004:INSC:431 : 2004 (7) SCC 15 wherein it was held that the primary responsibility is on the complainant to make necessary averments in the complaint so as to make the accused vicariously liable for fastening the criminal liability. That was a case of a partnership fir....