JUDGMENT : Singh B.J., J. - Delay condoned. 2. We have heard Counsel for the parties. 3. Special Leave granted. 4. In these two appeals, two points have been urged before us on behalf of the appellant. Firstly, it is submitted that two of the directors namely Dr. (Mrs.) Elizabath Leela George and Mr. T.A. Krishnamurthy are nominee directors and therefore, their prosecution is not justified. 5. Secondly, it is submitted that the complaint does not fulfil the requirement of section 141 of the Negotiable Instruments Act in the light of the judgment of this Court reported in (S.M.S. Pharmaceuticals Ltd. v. Neeta Bhalla), 2005 (2) Bom.C.R. (Cri.) (S.C.) 696 : 2005 (8) S.C.C. 89 . Mr. C.V. Francis, Counsel appearing on behalf of the respondent conceded that so far as the nominee directors are concerned, they cannot be prosecuted. 6. So far as the remaining directors are concerned, he submits that the Managing Director and the Secretary of the Company cannot escape their liability. According to him Mr. George Varghese Koluthara is the Executive Director. However, we do not find any such description of the director in the complaint nor any averment has been made in the complaint that he is an Executive Director of the Company. Learned Counsel appearing on behalf of the appellant also conceded that so far as the Managing Director and the Secretary are concerned, they cannot escape their liability. 7. In the circumstances, these appeals are allowed to the extent that the prosecution as against Dr. (Mrs.) Elizabath Leela George and Mr. T.A. Krishnamurthy are quashed. Similarly, the prosecution as against Mr. George Varghese Koluthara is also quashed. The remaining accused shall have to face the prosecution. 8. These appeals are allowed to the extent indicated above. Appeals allowed.