- (1.) Leave is granted.
(2.) The appellant challenges the validity of the order passed by the High Court of Delhi in Criminal Miscellaneous Petition No. 3179 of 1999, dated December 16, 1999. By the said order, the High Court dismissed the petition filed by the appellant under section 482 to quash the criminal proceedings emanating from the complaint filed by the respondent-company against him and others under section 138 of the Negotiable Instruments Act, 1881. The High Court took the view that the averments made in the complaint read along with the statement of the witness, prima facie, go to show that at the relevant time, the appellant being the director of the accused company, was also in charge of and responsible for the business of the accused company.
(3.) V.R. Reddy, the learned Senior Counsel appearing for the appellant submits that a plain reading of the relevant allegations made in the complaint does not even, prima facie make out a case against the appellant. He argues that it is not a case where the appellant has signed the cheques himself; he is sought to be prosecuted in view of the provisions of section 141 of the Negotiable Instruments Act as he happened to be the director of the accused company at one point of time. Mr. Arora, learned Counsel appearing for the complainant company-respondent contends that from the allegations in the complaint, it has to be inferred that the appellant was in charge of and was responsible to the company for the conduct of the business of the accused company at the time the offence was committed.;