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2023 (12) TMI 428 - HC - Indian LawsDishonour of Cheque - conviction of accused - vicarious liability - company has not been made an accused nor was any notice served upon the company - petitioner has been made an accused as the Director of the company - HELD THAT:- Admittedly only the petitioner who was the director of the company has been made a party in the complaint case. The company M/s Bhavyaa Global Limited is not an accused in this case. The Hon’ble Apex Court similarly in ANEETA HADA VERSUS GODFATHER TRAVELS & TOURS (P.) LTD. [2012 (5) TMI 83 - SUPREME COURT], has laid down that “in view of our aforesaid analysis, it is concluded 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 drag-net on the touchstone of vicarious liability as the same has been stipulated in the provision itself.” In the present case ‘Notice’ under Section 138 of the Act of 1881 was never issued to the company - The company was not made a party to the proceedings under Section 138/141 of the Act of 1881 which itself makes the proceedings non-maintainable. In the absence of the company being arraigned as an accused, a complaint against the petitioner is not maintainable - application allowed.
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