Home Case Index All Cases Indian Laws Indian Laws + HC Indian Laws - 2023 (9) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2023 (9) TMI 1247 - HC - Indian LawsDishonour of Cheque - acquittal of accused - applicability of Section 141 of the Negotiable Instruments Act on proprietorship concern - HELD THAT:- The learned Magistrate upon close examination of the evidence which has come on record, more particularly status of the drawer as reflected from the disputed cheque produced on record vide Exhs. 79 and 82, noticed that the cheque was drawn by Status Seramik India Private Limited. Though, the designation of the authorized signatory or the person who has drawn this cheque on behalf of company is not reflected in the disputed cheque, however, the fact remains that cheque has been drawn on behalf of the company. Having noticed the aforesaid fact, no error can be found with the approach of the learned Magistrate in applying provision of Section 141 of the Negotiable Instruments Act. The issue of maintaining the prosecution under the Negotiable Instruments Act without arraigning a company as a party accused has been decided by the Hon’ble Supreme Court in the case of ANEETA HADA VERSUS GODFATHER TRAVELS & TOURS (P.) LTD. [2012 (5) TMI 83 - SUPREME COURT] has held that we arrive at the irresistible conclusion 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. This Court is of the view that no arguable case is made out for reconsideration by admitting the appeal. Hence, present application seeking leave to appeal is hereby refused. Thus, present application stands rejected.
|