R K DASMEHROTRA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Present Criminal Miscellaneous Application under Section 482 of the Code of Criminal Procedure has been preferred by the applicants herein-original accused to quash and set aside the complaint being Criminal Case No. 4102 of 2006, pending in the Court of learned Metropolitan Magistrate, Court No.13, Ahmedabad, filed by respondent no.2 herein-original complainant for the offences punishable under Sections 138 r/w 141 of the Negotiable Instruments Act.

(2.) Today, when the present Criminal Miscellaneous Application is taken up for final hearing, after the matter was argued for some time, Shri D.M. Thakkar, learned advocate for the applicants seeks permission to withdraw the present application qua applicant no.1 with a liberty to raise all the defences before the learned trial Court at the time of trial. In view of the above, present application is dismissed as withdrawn qua applicant no.1 herein. Under the circumstance, this Court is required to consider the present application qua applicant no.2 only.

(3.) Shri D.M. Thakkar, learned advocate for the applicant no.2 has submitted that applicant no.2 has not committed any offence as alleged for the offence under Section 138 of the Negotiable Instruments Act. It is submitted that as such there are no specific averments and allegations in the complaint that applicant no.2 herein was the Director of the original accused no.l company who has issued the cheque and that she was in day to day to affairs and management of the company. It is submitted that therefore, in absence of such specific averments and allegations in the complaint, the applicant no.2 cannot be held vicariously liable under Section 141 of the Negotiable Instruments Act for the offence under Section 138 of the Negotiable Instruments Act alleged to have been committed by accused no.1 company and for dishonour of the cheque issued and signed by the original accused no.1. Therefore, relying upon the decisions of the Hon'ble Supreme Court in the case of NATIONAL SMALL INDUSTRIES CORPORATION LTD VS. HARMEET SINGH PAINTAL & ANR REPORTED IN, 2010 3 SCC 330 as well as in the case of CENTRAL BANK OF INDIA VS. ASIAN GLOBAL LTD REPORTED IN, 2010 11 SCC 203 as well as in the case of S.M.PHARMACEUTICALS VS. NEETA BHALLA REPORTED IN, 2005 8 SCC 89, it is requested to quash and set aside the impugned criminal proceedings qua applicant no.2.