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2017 (8) TMI 45 - HC - Indian LawsOffence under Section 138 of the Negotiable Instruments Act - liability against accused - whether the 3rd accused is also liable for the act committed on behalf of the Firm? - Held that:- In the absence of cogent, convincing and acceptable evidence that the 3rd accused was also actively participated in the day-to-day affairs of the 1st accused Firm, criminal liability cannot be fastened on her. Merely because she happened to be the wife of the 2nd accused and since she accompanied her husband at the time of borrowal, it cannot be presumed that she was also actively participated in the day-to-day affairs of the Firm. The Courts below failed to appreciate the evidence in that regard before imposing conviction against the 3rd accused. Accordingly, this Court hold that the conviction and sentence imposed against the 3rd accused for the offence under Section 138 of the Negotiable Instruments Act, are not proper and the same is not sustainable in law. Hence, the conviction and sentence imposed on the 3rd accused/ 3rd revision petitioner is liable to be set aside. In the result, the Criminal Revision case is allowed in part. The conviction and sentence imposed against the 3rd accused/ 3rd revision petitioner alone are set aside. The fine amount, if any, paid by the 3rd accused/ 3rd revision petitioner is directed to be refunded to her. The bail bond, if any, executed by her, shall stand cancelled. However, the conviction and sentence imposed by the Courts below on the other accused are confirmed. Nature of the imprisonment would be the same as ordered by the Courts below in the impugned judgments. The period of sentence already undergone by the 2nd accused, if any, is ordered to be set off. The trial Court is directed to take steps to secure the 2nd accused to undergo the remaining period of sentence, if any.
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