JUDGMENT 1. This revisional application on behalf of the petitioners is directed for quashing of the proceeding being Case No. C/2027/96 now pending before the learned Chief Judicial Magistrate, Alipore, 24-Parganas (South), in which cognizance has been taken and summons issued against the petitioners under Sections 138/141 of the N.I. Act. 2. The case arose on a written complaint filed by the authorized representative of the opposite party Sanderson Siam Vidhya Limited in the Court of the learned Chief Judicial Magistrate at Alipore alleging inter alia that the petitioner No.1 before this Court is the Director and Principal Officer of the petitioner No.2 M/s. Asia Television Network Ltd. and on mutual settlement of their accounts with the complainant company executed a Memorandum of Understanding on or about 3.6.96 wherein the petitioners admitted their liability for a sum of Rs. 10,61,952/- as on the said date and in purported discharge of their aforesaid liability the petitioner No.1, drew two cheques in favour of the complainant company but both the cheques were dishonoured. 3. There is no dispute that the petitioner No.1 herein issued two cheques signed by him drawn on State Bank of India, Nariman Point Branch, Mumbai, bearing Nos. 599664 dated 1.8.96 and 899665 dated 1.9.96 for Rs. 2,50,000/- and 3,02,416/- respectively in favour of the complainant company and both the cheques were duly presented before the Bank for encashment but both the cheques were returned back being dishonoured by the Banker of the petitioners herein with the remarks. 'Refer to drawer'. All the provisions for taking cognizance appear to be complied within this case. 4. Heard the learned Advocates for the parties perused the materials on record including the petition of complaint. 5. Learned Advocate for the petitioner cited two decisions reported in Mohan Kumar Mukherjee vs. Ledo Tea Company Ltd., 1998 Cal. Cr. LR 287 (Cal), in support of his submissions that the impugned proceeding should be quashed for want of necessary, averments in the petition of complaint, but such necessary averments are found in the petition of complaint on record and the facts in the decisions cited are different from the facts in the instant case. 6. It is well settled that a company is an artificial person and cannot be sent to Jail and the company acts through its Directors, Managers, other Officers who are responsible for the acts on behalf of the company. 7.
6. It is well settled that a company is an artificial person and cannot be sent to Jail and the company acts through its Directors, Managers, other Officers who are responsible for the acts on behalf of the company. 7. On consideration of the submissions of the parties and the materials on record, this Court does not find any illegality or infirmity for quashing the proceeding at this stage as prayed for. The application heard as a contested application therefore fails and stands disposed of. Interim orders passed by this Court on the revisional application stand vacated. There will be no order as to costs.