TMI Blog2007 (10) TMI 694X X X X Extracts X X X X X X X X Extracts X X X X ..... cused. It is submitted by the learned counsel for the petitioner that the first accused is the sole proprietrix and she only issued the disputed cheques involved in this matter and in view of the position of the first accused being the sole proprietrix, the question of implication of the second accused in respect of the offence committed by the sole proprietrix concern not at all arise. Learned counsel for the petitioner further contended that Section 141 of the Negotiable Instruments Act is not attracted. The said provision relates only in respect of a company or a partnership firm and not in respect of the proprietary concern and as such the petitioner being the second accused, he cannot be vicariously held responsible for the offen ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... erused the impugned complaint filed in this case and other materials available on record. 5. It is seen that the petitioner has been arrayed as A2 out of two accused in this case. The first accused is none else than the wife of the second accused in this case. Even as per the allegation and averment contained in the complaint, the first accused is the sole proprietrix of the concern called Kamakshi Enterprises and it is also not disputed and even specifically mentioned in the complaint to the effect that it is only the first accused issued the disputed cheques involved in this matter. In paragraph 5, it is specifically mentioned that the first accused issued three cheques and on the presentation of those three cheques, the cheques were ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rovisions of the Partnership Act, 1932 or an association of persons which ordinarily would mean a body of persons which is not incorporated under any statute. A proprietary concern, however, stands absolutely on a different footing. A person may carry on business in the name of a business concern, but he being proprietor thereof, would be solely responsible for conduct of its affairs. A proprietary concern is not a company. Company in terms of the Explanation appended to Section 141 of the Negotiable Instruments Act, means any body corporate and includes a firm or other association of individuals. Director has been defined to mean in relation to a fir, a partner in the firm. Thus, whereas in relation to a company, incorporated and registere ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mitted by the first accused under Section 138 of the Negotiable Instruments Act not at all arise. 7. In view of the above said reasons, this Court is constrained to quash the proceedings initiated against the petitioner in so far as the petitioner is concerned pending in C.C.No.258 of 2001 on the file of the learned Judicial Magistrate No.1, Erode and is hereby quashed. The learned Judicial Magistrate No.1, Erode is also directed to expedite the trial as expeditiously as possible and more particularly within a period of five months from the date of receipt of a copy of this order in view of the fact that the case itself relates to the year 2001. With the above direction, the Criminal Original Petition is allowed. Consequently, connect ..... X X X X Extracts X X X X X X X X Extracts X X X X
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