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TMI Blog2025 (3) TMI 254X X X X Extracts X X X X X X X X Extracts X X X X ..... 1) of Section 141 of the 1881 Act. In the complaint, it must be alleged that the person, who is sought to be held liable by virtue of vicarious liability, at the time when the offence was committed, was in charge of, and was responsible to the company for the conduct of the business of the company. A Director who is in charge of the company and a Director who was responsible to the company for the conduct of the business, are two different aspects. The requirement of law is that both the ingredients of sub-Section (1) of Section 141 of the 1881 Act must be incorporated in the complaint. Admittedly, there is no assertion in the complaints that the appellant, at the time of commission of the offence, was in charge of the business of the compa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ments Act, 1881 (for short, "the 1881 Act"). Admittedly, the appellant is not a signatory to the cheque. Paragraphs 4 and 5 of the complaints subject-matter of these Appeals are similar which read thus: "4. It is submitted that the Accused No.1 is a Company incorporated under the provisions of the Companies Act, 1956 and having its registered office at B-3, Basement, Building No.4, Bhanot Apartment, LSC, Pushp Vihar, Madangir, Delhi 110 062 and is engaged in wholesale supply of pharmaceuticals and other related services. Printout of the details of the Accused No.1 as available with the Registrar of Companies on the website of Ministry of Corporate Affairs is attached herewith and marked as ANNEXURE C-2. 5. It is stated that the Accused ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ector of a company by virtue of his holding any office or employment in the Central Government or State Government or a financial corporation owned or controlled by the Central Government or the State Government, as the case may be, he shall not be liable for prosecution under this Chapter. (2) Notwithstanding anything contained in sub-section (1), where any offence under this Act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to, any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be ..... X X X X Extracts X X X X X X X X Extracts X X X X
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