NI ACT Sections 138 and 141(2)- Offence by company
NI ACT Sections 138 and 141(2)- Offence by company -Cognizance of Complaint against Director of Company who was not a signatory of the cheque Specific averment as to role of the accused director has to be made in the complaint that, either he was managing or incharge of affairs the company on the date of commission of the offence - In the absence of any such averments, the complaint is not maintainable against him and is liable to quashed to prevent abuse of process of law and the court - Impugned order taking cognizance of the offence against the petitioner quashed. [Para 7]*_
_*Bibhuti Bhushan v/s Orissa Small In Co ltd CRl-MC 2997/03 [ SK SAHOO JJ ]*_
_*[ ORISSA HIGH COURT ]*_
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