Case: A. R. Radha Krishna Vs. Dasari Deepthi and Ors

3. The case of the prosecution in brief is that the Appellant had entered into an investment agreement with M/s. Dhruti Infra Projects Limited (accused No. 1) on 01.12.2013 on the basis of representation of Respondent Nos. 1 and 2 herein, who were the Directors of the said Company. The Appellant invested a total amount of ` 2,11,50,000/- in the said project. According to the Appellant, as on 31.03.2016, a total amount of ` 1,81,50,000/- was left to be repaid to him along with applicable interest on it. Thereafter, upon several representations by the Appellant, M/s. Dhruti Infra Projects Limited agreed to repay the amount via issue of seven cheques in favour of the Appellant. Six cheques for ` 25,00,000/- each and one cheque for ` 30,00,000/- were drawn on different dates by the authorised signatory, i.e., M.D. of M/s. Dhruti Infra Projects Limited, which were returned dishonored, on presentation by the Appellant, with the remark Payment stopped by Drawer4. Thereafter, the Appellant issued a legal notice on 04.08.2016 to (i) M/s. Dhruti Infra Projects Limited (accused No. 1); (ii) M.D. of M/s. Dhruti Infra Projects Limited (accused No. 2); (iii) Respondent No. 1 and Respondent No. 2 (as Directors)5. Consequently, proceedings were initiated by the Appellant Under Sections 138 & 141 of the Negotiable Instruments Act, 1881 (hereinafter referred to as the Act). During the pendency of the said complaint, the Respondent Nos. 1 and 2 made an application before the High Court for the quashing of the proceedings initiated against them. The High Court, as mentioned above, allowed the Criminal Petitions filed by Respondent Nos. 1 and 2 and quashed the proceedings against them. Being aggrieved, the Appellant has approached this Court through the instant appeals.

Reasoning: 9. Having heard learned Counsel for the parties and carefully scrutinizing the record, we are of the considered opinion that the High Court was not justified in allowing the quashing petitions by invoking its power Under Section 482, Code of Criminal Procedure In a case pertaining to an offence Under Section 138 and Section 141 of the Act, the law requires that the complaint must contain a specific averment that the Director was in charge of, and responsible for, the conduct of the companys business at the time when the offence was committed. The High Court, in deciding a quashing petition Under Section 482, Code of Criminal Procedure, must consider whether the averment made in the complaint is sufficient or if some unimpeachable evidence has been brought on record which leads to the conclusion that the Director could never have been in charge of and responsible for the conduct of the business of the company at the relevant time. While the role of a Director in a company is ultimately a question of fact, and no fixed formula can be fixed for the same, the High Court must exercise its power Under Section 482, Code of Criminal Procedure when it is convinced, from the material on record, that allowing the proceedings to continue would be an abuse of process of the Court. [See Gunamala Sales Private Limited v. Anu Mehta and Ors. 2015 (1) R.C.R. (Criminal) 54 : (2015) 1 SCC 103 ]10. A perusal of the record in the present case indicates that the Appellant has specifically averred in his complaint that the Respondent Nos. 1 and 2 were actively participating in the day-today affairs of the Accused No. 1 company. Further, the Accused Nos. 2 to 4 (including the Respondent Nos. 1 and 2 herein) are alleged to be from the same family and running the Accused No. 1 company together. The complaint also specifies that all the accused, in active connivance, mischievously and intentionally issued the cheques in favor of the Appellant and later issued instructions to the Bank to Stop Payment. No evidence of unimpeachable quality has been brought on record by the Respondent Nos. 1 and 2 to indicate that allowing the proceedings to continue would be an abuse of process of the court.