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TMI Blog2022 (7) TMI 1112X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 petitioner/accused provided Rs.11 lacs. through Shri Rajendra Shukla S/o Shri Rameshwar Das Shukla to the complainant on 25/03/2019. After passing of two months, the respondent/complainant asked to return the money from the petitioner/accused, then the petitioner/accused gave of cheque of State o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 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: Provided that nothing contained in this sub-se ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 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. 9. In the case of Anita Hada Vs. M/s. Godfather Travels & Tours Pvt. Ltd. reported in [(2012) 5 SCC 661], it has been held that "when the c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... erson 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 Court for the purpose of the inquiry into, or trial of, the offence which he appears to have committed. (4) Where the Court proceeds against any person under sub- section (1), then- (a) the proceedings in respect of such person shall be commenced a fresh, and the witnesses re- heard; (b) subject to the provisions of clause (a), the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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