Order 4

Order Details: COPY OF ORDER
Pdf Text: 116 CC NI ACT / 6627/2025
AB MAURI INDIA PRIVATE LIMITED Vs. MATOSHRI LAXMI
SUGAR CO GENERATION INDUSTRIES LIMITED
04.06.2025
There is pendency of more than 16,000 cases in the present court,
therefore, it is not possible to give shorter date in the cases and the
present court is working with only one Stenographer.
Stenographer of the court is directed to upload the digitally signed
order sheet as per rules.
Present: Sh. Aayush Chandra and Ms. Shreyasi Chakrabarty, Ld.
Counsels for complainant along with AR.
Matter is listed for report on notice.
Proof of service filed in terms of which proposed
accused nos.1 to 3 have been served on 05.04.2025.
Since the proposed accused have been served, the pre-
cognizance notice and they have failed to enter appearance in the
court, this court is dispensing their right of hearing at the stage of pre-
cognizance.
This court is taking the submissions of the Ld. Counsel
for the complainant on the aspect of summoning.
MCA data of accused company filed. Same be taken on
record.
In terms of MCA data, accused no.2 is the Managing
Director of accused no.1 company.
A perusal of the case file reveals that the cheque in
question is signed by the Managing Director of accused no.1 company
and the authorized signatory. In terms of settled law, the court is not
required to summon an authorized signatory, who might merely be an
employee of the accused no.1 company, especially in view of the fact
that no document has been forthcoming at the instance of the
complainant to show-cause that accused no.3 is a key managerial
personnel.
Ld. Counsel for the complainant has furnished Form
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no.MGT-7, Statement of Profit and Loss Account and Balance Sheet
extract which showcases Siddharan Mhetre as the Chairman of
accused no.1 company.
As per the provisions u/s 141 N.I Act, vicarious liability
can be appended even on a ‘non-director’ thereof, if the complainant is
prima-facie able to establish that the concerned person was incharge
of the day to day affairs of the company.
It appears that Siddharan Mhetre is also a signatory to
the cheque in question.
Accordingly, this court will decide on the point of
cognizance against all proposed accused.
A perusal of the case file reveals that the legal demand
notice has not been addressed to Siddharan Mhetre. Ld. Counsel for
the complainant has relied on the judment of Hon’ble Suprem Court
of India in Krishna Texport and Capital Markets Ltd. Vs. ILA.A
Agrawal and Ors. ( 2015) 8 SCC 28 to state that Section 141 N.I Act
does not specifically require separate legal demand notices to be sent
u/s 138 N.I Act to all the directors who are vicarious liable u/s 141 N.I
Act.
This interpretation could
ejusdem generis can be read
over for anyone who is incharge of the affairs of company inclusive of
non-directors thereof.
In the present case, cheques in question is bearing
nos.025827, 025828, 025829, 025830, 025831 and 025832 and were
issued on 04.02.2025 and were dishonoured on 07.02.2025 with
comment ‘payment stopped by drawer’. Legal demand notice was sent
on 12.02.2025. The same is received by the accused persons on
17.02.2025. The present complaint came to be e-filed on 12.03.2025.
It appears that complaint is within the period of limitation.
I have perused the complaint and the accompanying
documents. Prima facie offence u/s 138 NI Act appears to have been
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committed. I hereby take cognizance of the offence against accused
no.1 Matoshri Laxmi Sugar Co Generation Industries Limited,
accused no.2 Shiv Raj Siddharam Mhetre and accused no.3 Siddharam
Mhetre.
I have perused the complaint u/s. 138 NI Act, evidence
by the way of affidavit of the complainant and the documents relied
upon by the complainant. As per the judgment of Hon'ble Supreme
Court in A.C. Narayanan vs. State of Maharashtra and Anr., (2014) 11
SCC 790 the examination of the complainant upon oath for issuance
of process is a matter of discretion of the Magistrate. In the considered
opinion of this Court, there is no need to examine the complaint for
the purpose of issuance of process. No other witness is sought to be
examined on behalf of the complainant at this stage. Accordingly, PSE
stands closed.
Relevant inquiry u/s.223 BNSS conducted. On the basis
of the averments contained in the complaint, the evidence by way of
affidavit and the inquiry conducted by this court, there are sufficient
grounds for proceeding against the accused nos.1 to 3 in the present
matter.
Let summons be issued to the accused nos.1 to 3 through
all permissible modes including electronic and dasti on filing of PF
within 14 days from today, returnable on 30.07.2025. In case the
house of the accused is found to be locked, process server is directed
to affix the summons on conspicuous place.
Summons be also sent through speed post and internet
generated tracking report of summons sent through speed post be
placed on record by NDOH.
The AR for the complainant is directed to furnish a
tracking report on NDOH.
(Anjali Singh)
JM First Class (NI Act-03)/PHC/NDD
04.06.2025
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