JAVAHAR LAL Vs. OVT INDIA PVT. LIMITED

JUDGEMENT

(1.) The petitions are disposed of through this common order as they are between the same parties and in respect of connected complaint cases filed under Sec. 138 read with Sec. 141 of the Negotiable Instruments Act, 1881(for short 'N.I. Act') for dishonor of cheques issued in respect of the same transaction.

(2.) The respondents had filed the complaints under Sec. 138 read with Sec. 141 of the N.I. Act against Pantel Technologies Pvt. Limited and its directors, the present petitioners Javahar Lal and Vivek Prakash. The learned Trial Court after considering the material on the record, took cognizance of the complaint and issued summons. The present petitions have been filed praying that the proceedings pending before the learned MM be quashed qua the petitioner arrayed as accused No.2 in the complaints.

(3.) Mr. A.P. Mohanty, learned counsel for the petitioner has argued relying on the judgment of the Supreme Court in Ramrajsingh vs. State of Madhya Pradesh (2009) 6 SCC 729 that the complaints qua the petitioner had to be quashed since the complaints contained no averment to the effect that the petitioner was in-charge of and responsible to the company for the conduct of its business. It was submitted that in the absence of such averments, the petitioner could not be made vicariously liable for the commission of the offence by the company which has been arrayed in the complaints as accused No.1. The prosecution could be commenced only if there were specific allegations in the complaints as to the part played by the petitioner. However, there were no such allegations in the complaints. The learned counsel has prayed that the petition be allowed, and the complaint quashed as prayed for.