TMI Blog2014 (1) TMI 580X X X X Extracts X X X X X X X X Extracts X X X X ..... ously liable for the offence subject to the averments in the petition and proof thereof - 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. Cheque has been issued on behalf of M/s. Som Distilleries & Breweries Limited and the appellants are Managing Director and Directors of another company, namely, M/s. Som Distilleries Limited, having no connection with the company issued the cheque - Decided in favour of appellant. - CRIMINAL APPEAL NO.2072 OF 2013 (ARISING OF SLP (CRL.) NO.128 OF 2007) WITH CRIMINAL APPEA ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ers were incharge of and responsible to the company M/s. Som Distilleries Limited for the conduct of its business on the date of the commission of the alleged offence. A perusal of paragraph three of the complaint reveals that at best the plea raised is one of inadequate averments and not absence of averments, that the petitioners were incharge of or responsible to the company for the conduct of its business. As this would entail a factual appraisal of the contentions, no ground is made out to quash the complaint in the exercise of powers under Section 482 of the Cr.P.C. Dismissed. The petitioners, however, would be at liberty to raise the pleas raised herein, before the trial Court at an appropriate stage. In the petition under Sectio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... from the account No.1060 which is in the name of M/s Som Distilleries Breweries Limited or its Directors. 9. That even the Bank of India has issued a certificate showing that M/s Som Distilleries Limited is having account No.112 measuring bank whereas M/s Som Distilleries Breweries Limited has got their account as 1060. Therefore, it is clear that neither M/s. Som Distilleries Limited nor its Directors can be held liable for any cheque which was issued by Som Distilleries Breweries Limited as both the above said companies are two distinct legal entities separately incorporated under the Companies Act, 1956. A true copy of the certificate issued by Bank of India is also annexed herewith as Annexure P-6. 10. That earlier a crimina ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e it noted, these two appeals were initially heard by a two- Judge Bench and there was difference of opinion between the two learned Judges in the interpretation of Sections 138 and 141 of the Act and, therefore, the matter has been placed before us. Dealing with the issue the Court held : 51.We have already opined that the decision in Sheoratan Agarwal Versus State of M.P. (1984) 4 SCC 352 runs counter to the ratio laid down in the case of State of Madras Versus C.V. Parekh (1970) 3 SCC 491 which is by a larger Bench and hence, is a binding precedent. On the aforesaid ratiocination, the decision in Anil Hada Versus Indian Acrylic Ltd. (2000) 1 SCC 1 has to be treated as not laying down the correct law as far as it states tha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s of the ratio laid down in C.V. Parekh (supra) which is a three-Judge Bench decision. Thus, the view expressed in Sheoratan Agarwal (supra) does not correctly lay down the law and, accordingly, is hereby overruled. The decision in Anil Hada (supra) is overruled with the qualifier as stated in paragraph 51. The decision in U.P. Pollution Control Board Versus Modi Distillery (1987) 3 SCC 684 has to be treated to be restricted to its own facts as has been explained by us hereinabove. In the present cases, as we find that the cheque has been issued on behalf of M/s. Som Distilleries Breweries Limited and the appellants are Managing Director and Directors of another company, namely, M/s. Som Distilleries Limited, having no connection with ..... X X X X Extracts X X X X X X X X Extracts X X X X
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