TMI Blog2022 (7) TMI 1112X X X X Extracts X X X X X X X X Extracts X X X X ..... ncludes a firm or other association of individuals. It is also clear as crystal that if a person who commits an offence under Section 138 of the Negotiable Instrument Act is a company, the company as well as other persons in charge of, are responsible to the company for the conduct of the business of the company at the time of commission of the offence shall be deemed to be guilty of the offence - In the case of ANEETA HADA VERSUS GODFATHER TRAVELS TOURS (P.) LTD. [ 2012 (5) TMI 83 - SUPREME COURT ], it has been held that when the company can be prosecuted, then only the persons mentioned in the other categories could be vicariously liable for the offence subject to the averments in the petition and proof thereof. In the present c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eeking quashment of the cognizance order dated 14/11/2019 and further proceedings pending before Judicial Magistrate, First Class, Gwalior (M.P.) in case No.2592/2019 (Private Complaint), arising out of private complaint made u/S.138 of Negotiable Instrument Act, 1981. 2. The necessary facts for disposal of the present petition in short are that the petitioner is an accused under the proceedings initiated u/S.138 of Negotiable Instrument Act pending in the Court of Judicial Magistrate, First Class, Gwalior (M.P.). As per the case of the complainant, a loan of Rs.11 lacs. has been taken in November, 2018 by the petitioner from the respondent/complainant. When the respondent/complainant asked to return of amount of Rs.11 lacs., then the pe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the petitioner has relied upon the law laid down by the Hon'ble Supreme Court in the case of Anita Hada Vs. M/s. Godfather Travels Tours Pvt. Ltd. reported in [(2012) 5 SCC 661] and argued that the cheque which has been issued by the firm cannot constitute any offience against the petitioner in an individual capacity, hence, the order of cognizance and further proceedings of learned trial Court is absolutely bad in law and deserves to be quashed. 5. Heard. 6. For ready reference and convenience, the provisions of Section 141 of Negotiable Instrument Act, 1881 are reproduced below; 141 Offences by companies. -- (1) If the person committing an offence under section 138 is a company, every person who, at the time the off ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... her association of individuals; and (b) director , in relation to a firm, means a partner in the firm.] 7. The above provisions of Section 141 of Negotiable Instrument Act, 1881 are concerned with the offences by the company. It makes the other person vicariously liable for commission of an offence on the part of the company. The vicarious liability gets attracted when the condition precedent laid down in Section 141 of the Negotiable Instrument Act stands satisfied. 'Company' means anybody corporate and includes a firm or other association of individuals. 8. It is also clear as crystal that if a person who commits an offence under Section 138 of the Negotiable Instrument Act is a company, the company as well as othe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sidered which gives court the power to proceed against other persons appearing to be guilty of offence. According to the provisions of this Section : (1) Where, in the course of any inquiry into, or trial of, an offence, it appears from the evidence that any person not being the accused has committed any offence for which such person could be tried together with the accused, the Court may proceed against such person for the offence which he appears to have committed. (2) Where such person is not attending the Court, he may be arrested or summoned, as the circumstances of the case may require, for the purpose aforesaid. (3) Any person attending the Court, although not under arrest or upon a summons, may be detained by such Co ..... X X X X Extracts X X X X X X X X Extracts X X X X
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