TMI Blog2020 (1) TMI 798X X X X Extracts X X X X X X X X Extracts X X X X ..... specific role against the petitioner, to the fact that how she is responsible for issuance of the cheque. It is also perused that even the cheque has not been signed by the petitioner. Thus, as per this section, the person, who was incharge of and responsible to the Company for the conduct of the business of the Company, as well as the Company, shall be deemed to be guilty of the offence.. In the present, although the petitioner is the Director of the Company, she is not responsible for the day to day affairs of the Company. The complainant in his complaint has not alleged the specific role against the petitioner, to the fact that how she is responsible for issuance of the cheque. It is also perused that even the cheque has not been sig ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... presented in the bank, the same were returned unpaid with remark payment stopped by drawer . The complainant / Company sent notices to the accused persons and demanded the amount of dishonoured cheques through registered AD on 03/12/2012. Even after receiving the said notices, the accused persons failed to pay the amount of dishonoured cheques within the stipulated time, therefore, the complainant filed a complaint against the accused persons before the JMFC, Indore on 09/01/2013, which was registered vide order dated 22/02/2013 against the ten accused persons including the Company and notices were issued to the accused persons. After getting knowledge of filing of the said private complaint, in which the petitioner has been made an accuse ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t Ltd Vs. Anu Mehta and others reported in (2015) 1 SCC 103 as well as Standard Chartered Bank Vs. state of Maharashtra and others reported in (2016) 6 SCC 62 and Ashoke Mal Bafna Vs. Upper India Steel Mfg and Engg. Co Ltd reported in AIR 2017 SC 2854. 4 On the other hand, learned counsel for the respondent supports the order passed by the Court below stating that being Director of the Company, the petitioner is equally responsible for the offence committed under section 138 of the Act. He further submits that the petitioner who gives such authorization having superintendence over the person is liable for facing the consequences of the same. There are specific allegations having made against the petitioner in the complaint. As per ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... son committing an offence under section 138 of the Act is a company, every person, who, at the time, the offence was committed, was in charge of and was responsible to the company for the conduct of the business of the company, as well as the Company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly. 7 Thus, as per this section, the person, who was incharge of and responsible to the Company for the conduct of the business of the Company, as well as the Company, shall be deemed to be guilty of the offence.. In the present, although the petitioner is the Director of the Company, she is not responsible for the day to day affairs of the Company. The complainant in his co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e accused person in the complaint has been made out. Similarly, in the case of Ashok Mal Bafna Vs. Upper India Street Mft and Engg. Co. Ltd ( supra), Hon'ble Supreme Court has taken similar view. Relevant para nos. 8, 9 and 10 reads as under : 8 Interpreting the provisions of section 141 this Court in National Small Industries Corporation v. Harmeet Singh Paintal (2010) 3 SCC 330 observed that Section 141 is a penal provision creating vicarious liability, and which, as per settled law, must be strictly construed. It is therefore, not sufficient to make a bald cursory statement in a complaint that the Director (arrayed as an accused) is in charge of and responsible to the Company for the conduct of business of the Company with ..... X X X X Extracts X X X X X X X X Extracts X X X X
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