K SRIKANTH SINGH Vs. NORTH EAST SECURITIESLTD

JUDGEMENT

(1.) LEAVE granted.

(2.) APPELLANT has been proceeded against for alleged commission of an offence under S.138 of the Negotiable Instruments Act. First respondent filed a complaint in the Court of 3rd Additional Chief Metropolitan Magistrate, Hyderabad. In regard to the liability of the appellant, which is vicarious in nature, the following statement has been made in paragraph 2 of the complaint petition which reads as under: 2. That the accused is a Company doing their business in the name and style of M/s. Rishab Alchem India Ltd., having its Registered Office at E2, Shantinivas Apartments, Mettuguda, Secunderabad and represented by Accused No. 2 in the capacity of Managing Director of the first accused company and accused No. 3 to 6 are the directors of the company. All the accused persons after negotiation with the Complainant firm had agreed to take financial assistance from the Complainant firm. After executing comprehensive loan documentation they have taken financial assistance to the tune of Rs. 10 lakhs from the Complainant firm. At the time of taking the loan amount accused persons also agreed to pay interest for the principle amount of Rs. 10 lakhs.

(3.) THE allegation in the complaint is that the present Petitioner is one of the directors of A 1 Company. Simply because he is a Director, he can not be prosecuted for the offence under S.138 of the Negotiable Instruments Act, 1881 unless his case falls under the provisions of S.141 of the Act. Under S.141 of the Act, it must be shown that every person, who at the time of the offence, is responsible to the company for conduct of its business and day to day affairs. It is alleged that all the accused persons after negotiations with the Complainant firm agreed to take financial assistance from the Complainant and after executing comprehensive loan documentation, they have taken financial assistance to a tune of Rs.10.00 lakhs from the Complainant firm. Since it is alleged that all the Directors accused participated in the negotiations with regard to the financial help to be taken by the A 1 company from the Complainant firm, it can be inferred that all the Directors were responsible for day to day transactions of A 1 Company. Therefore, the allegations in the complaint make out a prima facie case that all the directors are in charge of, and responsible for, day do day affairs of the company.