K. USHA Vs. SUNDARAM FINANCE LTD.

JUDGEMENT

(1.) THE petitioners, who are the sixth and seventh accused in this case for an alleged offence under Section 138 r/w 141 of the Negotiable Instruments Act pending in C.C. No.'17554 of 2004 on the file of the XIII Metropolitan Magistrate, Egmore, Chennai, seek to quash the proceedings as against them.

(2.) I have heard the learned counsel for the petitioners and the learned counsel for the respondent.

(3.) THE averment that the petitioners / Directors were in-charge of and re sponsible to the company at the time of commission of the offence, which is an absolute requisite has not been made in this case.