VIVEK ANAND SINGHANIA Vs. STATE OF ASSAM

JUDGEMENT

(1.) WHEN a company or one of the directors of the company issues a cheque and the cheque, so issued, is dishonoured by the bank on whom the cheque is drawn, is every director of the company, whose cheque is so dishonoured by the banker of the company, liable to be proceeded against for offence punishable under Section 138 of the Negotiable Instruments Act (in short, 'the N.I. Act')? This is the moot question, which this criminal petition, made under Section 482 Cr.P.C., has raised.

(2.) THE opposite party No. 2 herein, namely, Sri Surendra Nath Sarma, lodged a complaint, in writing, with the Chief Judicial Magistrate, Golaghat, alleging, inter alia, thus: The complainant, while working in Rangajan Tea and Plantation Pvt. Limited, owned by opposite party No. 2, retired on 13.02.2004. After his retirement, the complainant wrote a letter, through the opposite party No. 1, to the acccused -opposite party to make payment give of gratuity amount. On 18.10.2006, the complainant accordingly received a cheque, issued by opposite party No. 2, namely, Sri Surendra Nath Sarma, for an amount of Rs. 1,45,000.00, drawn on State Bank of India, Golaghat Branch. This cheque, on being deposited with the bank aforementioned, was dishonoured, on 31.10.2006, by the said Bank due to insufficiency of fund and the bank accordingly informed the complainant, on 07.11.2006. Though the complainant has served notice on all the accused demanding payment of the amount for which the said cheque was issued to him, no action has been taken by the accused aforementioned to make payment of the dues under the said cheque amount.

(3.) HEARD Mr. A.M. Bora, learned Counsel for the accused -petitioner, and Mr. B.S. Sinha, learned Additional Public Prosecutor, Assam, appearing on behalf of the opposite party No. 1. None has appeared on behalf of the complainant -opposite party No. 2.