SHEKHAR SINGH Vs. N K WAHI

JUDGEMENT

(1.) By this order three petitions Crl.M(M) 787/2001, 789/2001 and Crl. R 415/2002 can conveniently be disposed together as they arise out of the similar order passed by the learned Metropolitan Magistrate dated 25th November, 2000.

(2.) Some of the relevant facts are that respondent Shri N. K. Wahi had presented a criminal complaint under Section 138 read with Section 141 of the Negotiable Instruments Act, 1881 in the court of the Metropolitan Magistrate, New Delhi. It had been pleaded that M/s Western India Industries Ltd. is a limited company. The present petitioners along with certain other persons were directors/persons responsible for carrying out the business of the company and liability of those persons is joint and several. Thereafter it had been pointed that certain cheques had been given which were dishonoured on being presented. After giving the necessary notice etc. the complaint as such was filed.

(3.) Petitioners had presented applications for dropping the proceedings against them alleging that they were not the directors of the company and further there were no allegations against them that in terms of Section 141 of the Negotiable Instruments Act they should not be arrayed as accused or summoned as such.