NARENDRA GOEL Vs. ALOK FERRO ALLOYS LIMITED

JUDGEMENT

(1.) SINCE all the above petitions are involving following common question, they are being disposed of by this common order:-

(2.) BY filing above petitions under Section 482 of the Cr.PC. the petitioners have challenged legality and propriety of the orders passed by the Additional Sessions Judge and the Chief Judicial Magistrate described as below :- <IMG>JUDGEMENT_92_MPHT(CHH)3_2012 imgs1.jpg</IMG>

(3.) AS per claim of the petitioners, the petitioners have not signed the cheque, they are not responsible tor conduct of business of the Company and only on the ground that they are the members of the Hoard of Directors of the Company, they are not liable for commission of the offence punishable under Section 138 of the Act. The complainant has not made any allegation against the petitioners that they were responsible for conduct of business of the Company. Therefore, in absence of such allegation, criminal prosecution before the Trial Court was not competent. Hut the Trial Court has illegally denied the claim of the petitioners.