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2021 (9) TMI 47 - HC - Indian LawsDishonor of cheque - Insufficient Funds - prosecution under Section 141 of N.I. Act - Section 138 of Negotiable Instruments Act - HELD THAT:- It is not in dispute that the cheque has been issued on the account of Belagavi Liberal Credit Souhard Co. Operative Ltd., in favour of respondent. The said society has not been impleaded as accused. The petitioners who were working as General Manger and Branch Manager respectively were arraigned as accused. Petitioner No.1 is a General Manager of the said society had signed on the said cheque. As per provisions of Section 141 of N.I. Act, if the person committed offence under Section 138 is company, every person who at the time the offence is committed, was in charge of, and was responsible to the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence, shall be liable to be proceeded against and punished accordingly. In the absence of company (society) arraigned as accused, a complaint against the petitioners was therefore not maintainable. The petitioners being employed as General Manager and Branch Manager have signed the cheque, therefore, the proceedings against the petitioners are liable to be quashed. The learned counsel for respondent sought liberty to file an application to add company (Society) as the accused. Whether such application if filed by the respondent, maintainable or not cannot be considered in the present petition. If such an application is filed, it is for the trial court to consider it on merits. Application allowed.
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