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TMI Blog2011 (4) TMI 1202X X X X Extracts X X X X X X X X Extracts X X X X ..... ed under section 482 of the Code of Criminal Procedure ['Cr.P.C.'], passed by learned Single Judge of the High Court of Judicature of Andhra Pradesh at Hyderabad in [Criminal Petition Nos. 3085 of 2007, 3082 of 2007 and 3084 of 2007] all titled Poduru Vidya Bhushan v. Rallis India Ltd. whereby and whereunder Accused Nos. 4, 6 and 7 (arraigned as Respondents Nos. 1, 2 and 3 herein) have been discharged of the offences contained under sections 138 and 141 of the Negotiable Instruments Act, 1881 ('Act'). 3. For the sake of convenience, facts mentioned in SLP (Crl.) No. 1874 of 2008 are taken into consideration. 4. Appellant as Complainant filed a criminal complaint before the Chief Judicial Magistrate, Gautam Budh Nagar, Noid ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ef Metropolitan Magistrate, Nampally, Hyderabad, for disposal in accordance with law. The Respondents herein arrayed as Accused Nos. 4, 6 and 7 in the said complaints thereafter filed applications in the High Court of Judicature of Andhra Pradesh at Hyderabad under section 482 of the Cr.P.C. for their discharge. 6. It was, inter alia, contended by the Respondents before the High Court as under : "That the aforesaid complaint depicted the applicants as the partners of M/s Sri Lakshmi Agencies. That the aforesaid averments is a false one. Particularly when the complainant M/s Rallis India Ltd. was fully aware that the applicants had severed their connections with M/s Lakshmi agencies much prior to the execution of the Memorandum of Underst ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... failed to impute criminal liability upon the Respondents specifically, which is a matter of record and therefore, at the very threshold, High Court was justified in discharging them rather than directing them to face the Criminal prosecution unnecessarily. According to them, in this view of the matter, no interference is called for against the impugned order and Appeals deserve to be dismissed. 10. To analyze the case before us in proper perspective, it is necessary to scrutinize all the Criminal Complaints one by one. On perusal of the complaints, we observe that the specific averment of vicarious criminal liability as mandated by the three Judge Bench of this Court in the case of S.M.S. Pharmaceuticals Ltd. v. Neeta Bhalla [2005] 63 SCL ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... so as to make the accused vicariously liable. For fastening the criminal liability, there is no legal requirement for the complainant to show that the accused partner of the firm was aware about each and every transaction. On the other hand, proviso to section 141 of the Act clearly lays down that if the accused is able to prove to the satisfaction of the Court that the offence was committed without his knowledge or he had exercised due diligence to prevent the commission of such offence, he will not be liable of punishment. Needless to say, final judgment and order would depend on the evidence adduced. Criminal liability is attracted only on those, who at the time of commission of the offence, were in charge of and were responsible for the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d Safety and Standards Act, the erstwhile Prevention of Food Adulteration Act etc. etc.) is susceptible to abuse by unscrupulous companies to the detriment of unsuspecting third parties. In the present case, there are several disputed facts involved - for instance, the date when the partnership came into being, who were the initial partners, if and when the Respondents had actually retired from the partnership firm etc. 15. Strictly speaking, the ratio of the SMS Pharmaceuticals case (supra) can be followed only, after the factum that accused were the Directors or Partners of a Company or Firm respectively at the relevant point of time, stands fully established. However, in cases like the present, where there are allegations and counter-al ..... X X X X Extracts X X X X X X X X Extracts X X X X
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