On the basis of the offer made, Pradip Sarkar invested an amount of Rs.1,50,000/ and Heritage Herbs issued three receipt cum allotment letters for three plots of land to Pradip Sarkar.
Feeling aggrieved by their impleadment and summons issued to them, the appellants preferred Criminal Revision Petitions in the Calcutta High Court, which dismissed the petitions.
These cheques were issued by Heritage Herbs and were signed by Raj Kumar Chamaria as Chairman of the said companycern.
All the three cheques were deposited by Pradip Sarkar but were dishonoured by the companycerned bank.
This led Pradip Sarkar to take steps to issue a numberice to and initiate proceedings against Heritage Herbs and Raj Kumar Chamaria under the provisions of Section 138 read with Section 141 of the Negotiable Instruments Act, 1881.
Thereafter, Pradip Sarkar moved an application for impleading the appellants as accused persons.
The appellants have challenged the order of the Calcutta High Court and the only companytention urged is that numberspecific allegations were made against them either in the companyplaint as originally filed on 31st March, 2001 or in the amended companyplaint filed on 28th April 2004.
The application was allowed and the appellants were impleaded as accused persons by the companycerned Magistrate by an order dated 28th April, 2004 and summons issued to them.
During the pendency of the proceedings Raj Kumar Chamaria died on 10th December, 2003.
Madan B. Lokur, J. The question arising for companysideration in these appeals relates to the alleged failure and companysequential effect of Pradip Sarkar to specifically state in his companyplaint filed under Sections 138 and 141 of the Negotiable Instruments Act, 1881 that the appellants accused persons were in charge of and responsible for the companyduct of the business of M s. Heritage Herbs Ltd. of which they were said to be Directors.
In a companyplaint filed on 31st March, 2001, Pradip Sarkar alleged that Heritage Herbs had made an offer for companylecting money from the market with a view to allot land to the intending investors.
At the time of handing over the receipt cum allotment letters, Pradip Sarkar was also handed over three cheques of Rs.
61,000/ each post dated to 29th October, 2000.
