DATTATRAYA NARAYAN GHANDGE Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Since the issues involved in the present applications are identical in nature, Criminal Misc. Application No.7975 of 2018 is considered as leading matter.

(2.) The present application i.e. Criminal Misc. Application No.7975 of 2018 is filed for seeking following main reliefs:-

(3.) Brief facts as per the case of the applicants in this application are as such that the applicants are directors of a Company who were not in charge of and were not responsible for the conduct of the business of the company, hence, will not be liable under Sec. 141 Negotiable Instruments Act, 1881. It is further the case of the applicants. It is further the case of the applicants in this application are as such that the applicants on the basis of merely holding a designation or office in a company cannot be held liable under Sec. 141 Negotiable Instruments Act, 1881. Liability depends on the role one, who plays in the affairs of a Company and not on designation of status. It is further the case of the applicants in this application are as such that the learned Magistrate has committed serious error in examining complaint at first instance on the basis of averments contained therein. The Learned Magistrate has issued process against the applicants despite there are no averments which bring the case within Sec. 141 .