AMAR PANDEY Vs. SAIFULLAKHAN S/O GAFFARKHAN SAWAKAR

JUDGEMENT

(1.) This petition has been filed by the petitioners- accused Nos.3 and 4 under Section 482 of Cr.P.C. praying this Court to quash the order dated 12.07.2016 passed by Prl. Civil Judge and Prl. JMFC at Dharwad produced at Annexure-A for the offence punishable under Section 138 of Negotiable Instruments Act so for as petitioners-accused are concerned.

(2.) I have heard the learned counsel for the petitioners-accused Nos.3 and 4 and the learned counsel for respondent-Complainant.

(3.) It is the submission of the learned counsel for the petitioners-accused Nos.3 and 4 that the Court below while passing the impugned order dated 12.07.2016 has not bestowed its attention to the Section 141 of the Negotiable Instrument Act (in short herein after called as NI Act). It is his submission that in order to make the directors criminally liable, the Court must determine the date of the offence alleged to have been taken place. Directors of the company who are in-charge of the said Company and if the petitioners-accused are not in-charge of the said Company then under such circumstances, the cognizance taken itself by the Court below, is, not sustainable and the same is liable to be quashed.