MOHAN CHAWLA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Proceeding in Case No. 15690 of 2012 corresponding to T.R. No. 1026 of 2012 pending before the learned Metropolitan Magistrate 14th Court, Calcutta under Section 138 of the Negotiable Instruments Act has been assailed. Although the allegations in the petition of complaint disclose the ingredients of the alleged offence, it is submitted that requisite averments for invoking Section 141 of the Negotiable Instruments Act is not disclosed either in the petition of complaint or in the affidavit recorded under Section 145 of the Negotiable Instruments Act. It has also been argued that although the petitioners reside outside the territorial jurisdiction of the Magistrate, mandatory enquiry under Section 202 of the Code of Criminal Procedure prior to issuance of process had not been adhered to.

(2.) Learned lawyer appearing for the opposite party, however, submitted that the petitioner No. 1 is the signatory of the cheque.

(3.) I have considered the materials on record. It appears that the averments in the petition of complaint do not conform to the statutory requirement of Section 141 of the Negotiable Instruments Act. Section 141(1) of the Negotiable Instruments Act inter alia, provides that in the event the accused is a company every person, in addition to the accused company who are in charge and responsible to the company for the day to day affairs at the time of commission of the offence are liable to prosecution.