BIKASH CHAKRBORTY Vs. RELIANCE STRUCTURES (P) LTD.

JUDGEMENT

(1.) This is a petition under Section 482 Cr.PC preferred by the petitioners for setting aside the order dated 30.7.2011 passed by learned MM whereby the petitioners herein were summoned in criminal complaint case no.1170/A/2011 filed by respondent under Section 138 of Negotiable Instruments Act (hereinafter referred to as "the Act").

(2.) Brief facts leading to filing the present petition are that the petitioner no.1 is an employee and petitioners no.2 and 3 are the directors of NEFFS India Pvt. Ltd. Two cheques of Rs.3,35,750/- and Rs.4,18,500/- respectively were issued by the company in favour of respondent allegedly towards discharge of their liability. These cheques on presentation were dishonoured. The said cheques were signed by Mr. Binoy Khandelia, the Managing Director of the company who is also co-accused in the complaint made by the respondent herein. A legal notice dated 9.2.2011 was issued demanding payment of the aforesaid cheques amounts. Since the amount remained unpaid, the respondent filed a complaint against the company and its functionaries including the petitioners herein under Section 138 of the Act and vide the impugned order, cognizance was taken and summons were issued against all the accused persons including the petitioners herein.

(3.) The petitioners have assailed the impugned order mainly disputing their liability of the alleged commission of offence. Their case is that petitioner no.1 is the employee whereas petitioners no.2 and 3, though directors of the company, but were not involved in any manner in the conduct of affairs of the company. In other words, the plea of the petitioners is that they are neither incharge or responsible to the conduct of affairs of the company and so they are not liable in terms of provisions of Section 141 of the Act. The petitioners have placed reliance on National Small Industries Corp. Ltd.v Harmeet Singh Paintal and another [(2010) 3 SCC 330].