Offence u/s 138 of N I Act by the company

examination of the provisions relating to dishonour of cheques drawn by the company and to determine who are the persons who shall be responsible and can be made liable for an offence done by a company? Who is responsible to the company for the conduct of its business, and who could be said to be in-charge thereof? How does one identify such persons? Is it that a person by virtue of being a director, manager or secretary of a Company automatically becomes liable under this section? Is it necessary to have an averment in the complaint that at the time when this offence was committed, such a person was in charge of and was responsible to the company for the conduct of business of the company? Answer to the above questions by the Hon'ble HIGH COURT OF DELHI

MANISH PARWANI VERSUS THE NATIONAL CAPITAL TERRITORY OF DELHI AND ANOTHER
Crl. M.C. No. 450/2010
Judgment delivered on 03rd May, 2010