MADAMPIMADOM NEELKANTAIYER KRISHNAMOORTHY Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of this petition, the petitioner has prayed to quash and set aside Criminal Case No.23687 of 2022 pending before the Court of learned 5th Addl. Sr. Civil Judge & ACJM, Vadodara and all the consequential proceedings.

(2.) The facts in brief are that respondent No.2 herein had instituted the criminal case in question u/s.138 of the N.I. Act . It was alleged that respondent No.2 is carrying on business of construction work in the name and style of "Patil Construction". The accused Nos.1 & 2 are doing business in the name and style of "M/s. Vishal Structural Pvt. Ltd.". It was alleged that he was given work order on 21/12/2012 by accused Nos.1 & 2 in the name of accused No.3 in relation to one "Tank Foundations" and an amount of Rs.96.14 Lacs (rounded off) was due and payable towards the work order executed by the complainant. Towards the part-payment of the outstanding amount, the accused No.2 had issued cheques in favour of respondent No.2; however, the same got dishonored. Ultimately, the impugned complaint came to be registered.

(3.) Heard learned advocate for the petitioner and perused the material on record. The main contention raised by learned advocate for the petitioner is that the petitioner is not involved in the day-to-day affairs of the company and is also not a signatory of the cheques in question and therefore, cannot be held vicariously liable in terms of Sec. 141 of N.I. Act. It appears from the material on record that three cheques valuing Rs.59,71,442.00 were signed by the petitioner herein. Now, whether the petitioner was involved in the day-to-day affairs of the Company or not and whether the statutory provisions of the Act were complied with or not are matters of trial. At this stage, no case is made out for interference of this Court in this petition. Hence, the petition is dismissed.