2019 (5) TMI 2028

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.... a complaint under Section 138 of the Negotiable Instruments Act, 1881(the Act, for short) against the respondent no.2 (accused no.1) before the trial court, wherein petitioner, being Director of respondent no.2, has been impleaded as accused no.3; Another Director Shri Raj Kumar Garg (respondent no.3), has been impleaded as accused no.2. Vide order dated 8th February, 2019 learned trial court ha....

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....f the company. The averments made in the complaint have to be taken on its face value at this stage. In para 5 of the complaint, it is alleged that petitioner and respondent no.3 were Directors and Authorised Signatories of respondent no. 2. They were solely responsible for the day to day business activities and operations of respondent no.2. Under the instructions and directions of petitioner, r....

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.... As per the petitioner, he was not responsible for the day to day affairs of the Company (respondent no.2) and it is the respondent no. 3 who had signed the cheque as Incharge of the Company. Learned counsel has placed reliance on Sudeep Jain Vs. M/s. ECE Industries Ltd. 2013 SCC OnLine Del 1804, Sanjiv Singhal Vs. ECE Industries Ltd. 2014 SCC OnLine Del 1937 and National Small Industries Corpora....