PARTHA PRATIM BORTHAKUR Vs. MAYURPLY INDUSTRIES PVT LTD

JUDGEMENT

(1.) Heard Mr. D. Sarma, learned counsel for the petitioner as well as Ms. S. Jahan, learned counsel appearing for and on behalf of the respondent.

(2.) By filing this revision u/s.482 CrPC, the petitioner has prayed for setting aside the order of taking cognizance by the learned trial Court dated 16.01.2013, in Case No.102C /2013, whereby the learned Court has issued summons to the present petitioner.

(3.) The respondent herein filed a complaint petition u/s.138 of the N.I. Act, before the Court of learned Magistrate at Guwahati, alleging that the accused No.1 is the Private Limited Company having its business at 2nd Floor, Sanmati Plaza, Chatribari Road, Guwahati, the accused No.2 is the Managing Director and the accused Nos.3 & 4 are its director and all of them are looking after day to day affairs of the Company and are responsible for the affairs and business of the Company. The accused No.1 purchased Film Faced plywood from the complainant branch office at Guwahati and to discharge all its liabilities, issued two cheques amounting to Rs.4,22,403/-, dated 25.08.2012 and 30.08.2012 but the said cheques were dishonoured for insufficient funds and it was the allegation of the complainant that they had deceitfully issued the said cheques having reason to believe that there are not sufficient funds to honour the cheques. Accordingly the complaint petition u/s.138 of the N.I. Act was filed before the Court with the allegation that the accused No.2, Managing Director and the accused Nos.3 & 4, who are the Active Directors of the Company and are in-charge and responsible for the business activities of the accused No.1 are vicariously liable for and on behalf of the Company for issuance of such cheques.