Negotiable Instruments Act, 1881–Secs. 138 & 141–Directors who are not the signatories to the cheque or who are not Managing Directors or Joint Managing Directors–It is necessary to aver in the complaint that at the relevant time when the offence was committed, they were in-charge and responsible for the conduct of the business of Company–If this basic averment is missing, the Magistrate is legally justified in not issuing the process.
