2001 (5) TMI 978

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..... ued in Criminal Complaint No. 356 of 1990 filed by the present appellant, the appellant has preferred this appeal. 2. The appellant-complainant filed a private complaint against the respondent for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881 alleging that the complainant supplied goods to the accused on credit and as on 31-3-1990 the respondent was liable to .....

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..... maintainable. 3. It has been rightly pointed out that the said question is covered by the decision rendered by this Court in Anil Hada v. Indian Acrylic Ltd. 2000 1 SCC 1 Explaining Section 141 of the Act, this Court observed that 3 categories of persons can be brought within the purview of the penal liability through the legal fiction envisaged in the section. They are: (1) the company which .....

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..... ll within the second and the third categories mentioned therein. The Court held that even if the company is not prosecuted for one or the other reason, the other prosecuted persons cannot, on that score alone, escape from the penal liability created through the legal fiction envisaged in Section 141 of the Act. 4. In this view of the matter, the impugned order passed by the High Court cannot be .....

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