1 appln 590 of 2011 vks IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.590 OF 2011 Tata Steel Ltd. .. Applicant -versus Rohit Vinod Gupta and anr .. Respondents. Mr. N. Mundargi, i/b M/s Mulla & Mulla Craigie Blunt & Caroe, for the Applicant. Mrs. A. S. Pai, APP for the Respondent State. CORAM: R.C. CHAVAN, J. DATED: 14th June, 2011 P.C. 1. This is an application for leave to file appeal against acquittal of original accused Nos 3 & 4 for the offences punishable under Sections 138 of the Negotiable Instruments Act. They were the Directors of Accused No.1 company which has been convicted. Accused No. 2 was looking after the affairs of the company died during the pendency of the trial. Accused No.3 looking after the case after the death of accused No.2. Learned counsel for the applicant submits that the accused No.3 had admitted that he had issued instructions to the advocate for replying notice in respect of dishonour of cheques. That does not make him a person incharge of the affairs of the company and responsible to the affairs of the company when the liability for issuance of cheques was 2 appln 590 of 2011 occurred. Unless there is evidence to show that at the time of issuance of cheques, accused No.3 or 4 was incharge of the affairs of the company, they could not be convicted. The view taken by the learned Magistrate is not shown to be perverse or improbable. Leave refused. Appeal dismissed. (R. C. CHAVAN, J.)