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Head Note

The Negotiable Instruments Act, 1881  - Section 138 , Section 141

Failure to include details about accused in complaint - Acquittal - Sustainability - Held, suffice it to say, that the law had once again been stated in one case of SC to the effect that it was necessary for a complainant to state in the complaint that the person accused was in charge of and responsible for the conduct of the business of the company - Although, no particular form for making such an allegation was prescribed, and it might not be necessary to reproduce the language of S. 138 of Act, but a reading of the complaint should show that the substance of the accusation discloses that the accused person was in charge of and responsible for the conduct of the business of the company at the relevant time. From the averment made in the complaint, it could safely be said that there was no specific or even a general allegation made against the appellants - Under such circumstances, the complaint against the appellants deserved dismissal - Appeal allowed.

Topic(s)-NI Act – Vicarious Liability – Complaint quashed