Joymalya Bagchi, J. - (1.) In re : C.R.R. 2864 of 2016 with C.R.A.N. 1788 of 2017 and C.R.R. 572 of 2017 with C.R.A.N. 1792 of 2017 These revision petitions involve similar questions of facts and law and are being taken up together for disposal. Petitioners have been arrayed as accused persons in prosecution under Section 138/141 of the Negotiable Instruments Act being complaint case No. CN/28578 of 2015 which was pending before the learned Additional Chief Metropolitan Magistrate, Calcutta.
(2.) The prosecution case in gist is to the effect that the accused no 1-company M/s. Tantta Construction Ltd. issued three cheques being Nos. 007906 dated 01.07.2015 of Rs. 10,00,000/-, cheque No. 007907 dated 01.04.2015 of Rs. 76,290/- and cheque No. 007908 dated 01.07.2015 of Rs. 38,146/- respectively in discharge of their liabilities towards the intercorporate deposit and the cheques upon presentation were returned unpaid with the endorsement 'exceeds arrangement'. Notice of dishonour was issued on behalf of the opposite party No. 2 but the value of the dishonoured cheques remained unpaid within the stipulated time frame. Hence, the impugned prosecution was instituted not only against accused No. 1-company and the Managing Director and signatory of the cheques but also against the petitioners who were variously described as part-time, whole-time and additional directors of the said company,
(3.) Petitioners argues that the requisite averments to implicate the petitioners vicariously is not disclosed in the petition of complaint. Reliance has been placed in Tamil Nadu News Print & Papers Ltd. v. D. Karunakar & Ors, 2015 4 JCC 286 [NI] SMS Pharmaceuticals Ltd. v. Neeta Bhalla, 2005 8 SCC 89 and K.K. Ahuja v. V.K. Vora & Anr., 2009 3 JCC 194 in support of such contention.;