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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 ..... NO(S).468 OF 2025 (ARISING OUT OF S.L.P. (CRIMINAL) NO(S).8127/2019) HON'BLE MR. JUSTICE ABHAY S. OKA AND HON'BLE MR. JUSTICE UJJAL BHUYAN For The Petitioner : Mr. Abhishek Atrey, AOR Mr. Rupesh Kumar Tyagi, Adv. Ms. Ambika Atrey, Adv. Ms. Jyoti Verma, Adv. For the Respondent : Mr. Alok Krishna Agarwal, Adv. Mrs. Petal Chandhok, Adv. Mr. Gaichangpou Gangmei, Adv. Mr. Yimyanger Longkumer, Adv. For M/S. Trust Legal, AOR Mr. Awanish Sinha, AOR ORDER 1. Leave granted. 2. Heard the learned counsel appearing for the parties. 3. The appellant is arraigned as accused no.3 in the complaints filed by the first respondent under Section 138 of the Negotiable Instruments Act, 1881 (for short, "the 1881 Act"). Admit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... es 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-section shall render any person liable to punishment if he proves that the offence was committed without his knowledge, or that he had exercised all due diligence to prevent the commission of such offence: Provided further that where a person is nominated as a Director of a company by virtue of his holding any of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 company. Therefore, on a plain reading of the complaints, the appellant cannot be prosecuted with the aid of sub-Section (1) of Section 141 of the 1881 Act. 6. Accordingly, the impugned orders are set aside and the order taking cognizance of the complaints filed by the first respondent stands quashed and set aside only as against the present appellant who is arraigned as accused no.3. We make it clear that we have made no adjudication on the merits of the complaints and all i ..... X X X X Extracts X X X X X X X X Extracts X X X X
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