K. LAKSHMIPRIYA Vs. R.S. ASHOK

JUDGEMENT

(1.) This petition is filed to call for the records relating to STC. No. 126 of 2017 on the file of the Judicial Magistrate Court No.II, FTC. No.II, Magistrate Level, Madurai and quash the same.

(2.) The petitioners, who are arrayed as A3 and A4 are the respondents 3 and 4 in the complaint in S.T.C. No.126 of 2017. The respondent herein has filed a complaint in S.T.C. No.126 of 2017 for the offences under sections 138 and 142 of Negotiable Instruments Act, before the learned Judicial Magistrate No.II, Fast Track Court No.-II, Magistrate Level, Madurai. The respondent's complaint clearly discloses that the offence under Section 138 of Negotiable Instrument Act has been committed by the respondents 3 and 4 in the complaint, who are the petitioners herein. The first respondent in the complaint is the Private Limited Company and the second respondent in the complaint is the Managing Director of the Company. The petitioners herein/respondents 3 and 4 are arrayed as Directors of the company and shown as persons who are incharge of the day to day affairs of the company. Paragraph 2 of the complaint reads as follows:- ...[VARNACULAR MATTER OMITTED]...

(3.) The petitioners, who are arrayed as respondents 3 and 4 in the complaint are shown as person in charge of and responsible to the company for the conduct of the business. It is stated by the petitioners that the complaint is maintainable as against the petitioners. The accused in the present case are either Managing Director or Director of the Company, who are shown to be in-charge of and responsible for the conduct of the business of the company, at the relevant point of time. Since specific allegations are found in the complaint making the petitioners responsible, as persons who are in-charge of and responsible for the conduct of the day to day business of the company, the contention of the petitioners that the complaint is maintainable as against the petitioners is unsustainable in law.