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2019 (11) TMI 1761 - ALLAHABAD HIGH COURTDishonor of Cheque - vicarious liability u/s 141 of NI Act - HELD THAT:- The Hon'ble Apex Court in Aneeta Hada Vs. M/s Godfather Travels & Tours Pvt. Ltd. [2012 (5) TMI 83 - SUPREME COURT] has held that for the offence under Section 138 of the Act committed by a company, the company as well as every person in charge of and responsible to the company for conduct of the business of the company at the time of commission of the offence shall be deemed to be guilty of offence. The Hon'ble Apex Court has discussed the provisions of Section 138 along with Section 141 of the Act which deals with the offence committed by a company. Hon'ble Apex Court has held that for maintaining the prosecution under Section 141 of the Act, arraying of a company as an accused is imperative. According to the complaint itself, the cheque was issued for Pawan Hardware Store, Sandeep talkies,near Court Road, Civil Lines, Muzaffar Nagar by the Director, Devendra Kumar Garg- petitioner. It is not averred in the compliant that Devendra Kumar Garg was in charge of and responsible for the conduct of the business of the company at the time of commission of the offence and hence he will not be liable for criminal action. It may be noted that the firm named as Ravi Organics Ltd., Nai Mandi,Muzaffar Nagar,, who was the principal accused, has not been made party in the complaint as stated above and side by side the necessary averment required to be made in the complaint satisfying the requirements of Section 141 of the Act are also lacking to maintain prosecution. Petition allowed.
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