(1.) The of recurring question that: Whether a Director of a Company registered under the Companies Act is liable for prosecution for an offence punishable under Section 138 of the Negotiable Instruments Act without there being an allegation in the complaint to the effect that he was incharge of and was responsible for the conduct of the business of the company at the time when the offence was committed or that the offence was committed with his consent or connivance? has again came up for consideration in this batch of five Criminal Petitions, which were filed under Section 482 Cr.PC for quashing the criminal proceedings in Calendar Case Nos.290, 291, 316, 282 and 283 of 1999 respectively pending on the file of the I Additional Judicial Magistrate of I Class, Proddatur, Cuddapah District.
(2.) The petitioner herein is figuring as A3 in all the aforesaid Calendar Cases and he is charged with the offences punishable under Sections 138 and 142 of the Negotiable Instruments Act (for short "the Act") and Section 420 IPC. Proceedings in Calendar Case Nos.290, 291 and 316 of 1999 were initiated on the private complaints filed by one Sri Dakka Eswaraiah and proceedings in Calendar Case Nos.282 and 283 of 1999 were initiated on the private complaints filed by one Sri Mothukuru Venkataramana. The accused in all the five cases are common. The 1st accused in all the five cases in Ind Silk Exports Pvt. Ltd., (hereinafter referred to as "the Company") which is an existing Company registered under the Companies Act. The other accused, including the petitioner herein, are the Directors of the Company.
(3.) The material averments in all the five complaints are identical except for the details relating to the dates of cheques, amounts of the cheques, the dates of their presentation and their dishonouring etc.