HAZI ABDULLAH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) These three Criminal Misc. Petition under Section 482 of Criminal Procedure Code, 1973, (for short the Code' hereinafter) involve common question of law and facts and arise between the same parties, therefore, with the consent of Counsel for the parties, they are heard together and decided by this order.

(2.) By the instant Criminal Misc. Petitions, the petitioner seeks quashing of Complaint No. 153/2004 qua them on the ground that the complaint does not specifically contain the averment that at the time the offence was committed, the petitioner were in-charge of, and responsible for the conduct of business of the company as envisaged under Section 141 of Negotiable Instruments Act, 1881 (for short 'the Act' hereinafter).

(3.) I have carefully perused the complaint filed by Non-petitioner No. 2. It has nowhere been specifically averred in the complaint that at the time the offence was committed, the accused petitioners were in-charge of and responsible for the conduct of the business of the company. Section 141 of the Act deals with offences by company, which reads as under: -