Negotiable Instruments Act, if the offence is committed by company and if it is proved that the offence has been committed with the consent or connivance of, or is attributable to, any neglect on the part of, any director, manager, secretary or other officials of the company are liable to be proceeded with. When the allegation is that A-2 on behalf of petitioners 3 to 5 being members of HUF has signed the cheque, at this stage, it cannot be decided whether the cheque was issued in individual capacity or on behalf of all the members of HUF and on the basis of evidence only the court has to arrive whether petitioners have knowledge or not about issue of cheque and also as to the correctness of the allegations that were mentioned in the complaint. Therefore, the objection of counsel for petitioners that there is no allegation at all against petitioners 3 to 5 herein cannot be accepted particularly when agreement and other necessary documents are signed by the second accused on behalf of all other members. Further before filing the complaint as per the requirement of the provisions a notice was issued to petitioners 3 to 5 also. As seen from the record they have received notice and no reply is given denying their involvement or liability for the acts done by the second accused on their behalf. So considering the material on record and also submissions of both sides, I am of the view that there are no grounds to quash the proceedings and this
