Mere nomenclature or mention of an individual as a Director of a Company cannot itself be the basis for bringing him/her into the fold of Section 138 with aid of Section 141 the Negotiable Instruments Act, 1881 (NI Act) – Yashovardhan Birla Vs. Kamdhenu Enterprises Ltd. and Anr. – Delhi High Court
It is a well-settled principle in law that if any Director seeks quashing of a complaint under Section 138 NI Act or any process issued therein, then one must show that the complaint is bereft of the appropriate pleadings/averments which would bring him into the fold of the rigours of Section 141 NI Act and in this regard, one must bring on record, certain sterling and incontrovertible evidence showing that the accused is not concerned with issuance of the said cheques, which can only be seen by the High Court exercising powers under Section 482 Cr.P.C.