Decided on September 10,2007

K.P.G. NAIR Appellant
STATE Respondents


PRADEE P NANDRAJOG, J. - (1.) PETITIONER has been imp leaded as accused No.4 in the complaint, filed by respondent No.2. As accused No. 4, in the memo of parties he is described as under : 'Mr. K.P.G. Nair, Executive'
(2.) MATERIAL allegations against the petitioner and other living human be ings imp-leaded as co-accused, i.e. accused Nos. 2, 3 and 5 are in para 10 of the complaint. Following is averred :-- "10. That the Accused No. l is the company and accused Nos.2 to 5 are its Principal Officer and have committed an offence punishable under Sec tion 141 of Negotiable Instrument Act as amended, 1988." The averments in the complaint fall short of actionable averments in view of the law laid down as per the following judgments :-- "1. K.P.G. Nair Vs. Mis. Jindal Menthol India Ltd. JT 2000 (Suppl.) SC 519. 2. Katta Sujatha (Smt.) Vs. Fertilizers and Chemicals Travancore Ltd. and Am. (2002) 7 SCC 655. 3. Monaben Ketanbhai Shah and Am. Vs. State of Gujarat and Ors. 2004 (3) JCC (NI) 158. 4. S.M.S. Pharmaceuticals Ltd. Vs. Neeta Bhalla and Am. 2005 (7) SCALE. 5. Sabitha Ramamurthy and Am. Vs. R.B.S.Channabasavardhya JT 2006 (12) 20. 6. S.M.S. Pharmaceuticals Ltd. Vs. Neeta Bhalla and Am. 2007 (3) SCALE. 7. Saroj Kumar Poddar Vs. State (NCT of Delhi) and Am. JT 2007 (2) SC 233. 8. P. Rajarathinam Vs. State of Maharashtra and Ors. (2000) 10 SCC 529. 9. N.Rangachari Vs. Bharat Sanchar Nigam Ltd. JT 2007 (6) SC 292. 10. K. Srikanth Singh Vs. North East Securities Ltd. and Am. JT 2007 (9) SC 449. 11. Raghu Lakshminarayanan Vs. M/s. Fine Tubes JT 2007 (5) SC 552."
(3.) SUFFICE would it be to note that where the main accused is a corporate entity, vis-a-vis living human beings imp-leaded as accused, there have to be positive averments that they were incharge of and were responsible to the company for the conduct of the business of the company or that the offence has been committed with the consent or connivance of or is attributable to any neglect on the part of said living human being.;

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