P S SRINIVASAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This writ petition has been filed by the petitioner for quashing of the criminal proceedings.

(2.) The petitioner at all relevant times was the director and chairman of the board of directors of a company known as M/s. Shaan Interwel (India) Ltd. (for short "the company"). The company as well as its directors are being prosecuted for an offence punishable under section 138 of the Negotiable Instruments Act.

(3.) Learned Counsel for the petitioner submitted that the petitioner was not responsible for the conduct of the business of the company which was necessary to bring the case under the provisions of section 141 of the Negotiable Instruments Act and as such the prosecution against the petitioner is misconceived and is required to be quashed. He further submitted that except for a bald allegation in the complaint that the petitioner along with other directors were in charge of and in control and management of the affairs of the accused company, no specific act of commission or omission are attributed to the petitioner. A bald averment that the petitioner was in charge of and in control and management of the affairs of the accused company, though mad at more than one places, was not enough to fasten any liability on the petitioner.