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2015 (2) TMI 1368 - SC - Indian LawsDishonor of Cheque - insufficiency of funds - arraigning of a company as an accused - section 141 of N I Act - HELD THAT:- It was held in the case of ANEETA HADA VERSUS GODFATHER TRAVELS & TOURS (P.) LTD. [2012 (5) TMI 83 - SUPREME COURT] where it was held that for maintaining the prosecution under Section 141 of the Act, arraigning of a company as an accused is imperative. The other categories of offenders can only be brought in the dragnet on the touchstone of vicarious liability as the same has been stipulated in the provision itself. The judgment rendered in Aneeta Hada's case is also applicable to the case of the accused-appellant - Appeal allowed. Dishonor of Cheque - Appellants-accused have taken the defence that the alleged cheque was not duly recovered but it was security of loan - HELD THAT:- Though judgment in Aneeta Hada's is prospective but is applicable in all pending cases, including the trial, appeal, revision and special leave petition/appeal pending before this Court. The case of the Appellant being covered by the decision in Aneeta Hada's case, we set aside the impugned judgment and conviction passed by the trial court as affirmed by the appellate court - Appeal allowed.
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