A Delhi court has dismissed a revision petition by two women directors of a private company and asked them to face trial in a cheque bounce case.
They had challenged a Metropolitan Magistrate court order asking them to appear before the court to face trial, submitting that they had no role either in the issuance of the cheque or its dishonouring.
They further argued that no specific role had been assigned to them, and that the complainant had simply lifted their names and designations as directors from the website of Ministry of Corporate Affairs and impleaded them as accused without specifying or describing as to how and in what manner they were in-charge and responsible for the affairs of the company.
Opposing their contention, counsel for the company which has lodged the complaint against the two directors said that the complaint contained specific roles, acts and omissions on the part of all the accused. The cheques were issued with the active consent, knowledge and approval of revisionists (woman directors), counsel for the complainant alleged.
“It cannot be said that there is mere bald assertion and that revisionists have been made accused only because they were simply whole time directors. There are specific averments and allegations against them,” Special Judge Manoj Jain said while dismissing their revision petitions.
‘Equally liable’
“It is clear that according to complainant, both these revisionists were equally liable as the cheque in question had been issued with their knowledge and consent, and they had also made assurance to the official of the complainant that cheque would be honoured on its presentation,” the judge said. “Moreover, no document, even namesake, has been placed before me which may remotely indicate that they were mere directors and that they had no concern with the affairs of the company,” he stated.
