New Delhi: Justice P S Teji refused to quash the summons issued to Mallya and said: “the trial court order cannot be termed as unsustainable or illegal or abuse to the process of law and no ground is made out to set aside the same.”
“It is not in dispute that the cheques in question were issued by the said company and he being its chairman and managing director was responsible for the conduct of the business of the company.
“Therefore non-mentioning of the name of the petitioner (Mallya) in the complaint cannot absolve of responsibility of the company of which the cheque in question was issued,” the court said.
“There was no need to issue notice by the complainant in his name as the cheque in question were issued by the company and he being its charge was equally liable to be prosecuted,” it said.
Mallya’s counsel had earlier told the high court that his client was not involved in day-to-day affairs of Kingfisher Airlines (KFA) and he cannot be held liable in these cases filed against him by DIAL.
The trial court had summoned Mallya as accused following a complaint by Delhi International Airport Ltd, which operates the capital’s IGI Airport and had claimed that a cheque for Rs one crore issued by KFA on February 22, 2012, was returned to them a month later containing remarks ‘fund insufficient’.
DIAL has filed four cases in June 2012 against Mallya over KFA’s cheques totalling Rs 7.5 crore not being honoured.
The grounded airline had issued the cheques towards payment for services availed by them at the IGI airport.
Mallya’s counsel had also claimed that five Kingfisher KFA employees had earlier been summoned as accused in the case on GMR-led DIAL’s complaint and were granted bail.