P RAJARATHINAM Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) These appeals stand placed before us in order to resolve an apparent conflict between the judgments of this Court in (Municipal Corpn. of Delhi v. Ram Kishan Rohtagi)1, 1983(1) S.C.C. 1 : 1983 S.C.C.(Cri.) 115 and (U.P. Pollution Control Board v. Modi Distillery)2, 1987(3) S.C.C. 684 : 1987 S.C.C.(Cri.) 632 both having been rendered by two-judges Benches. The necessity to resolve the conflict is to discern the vicarious liability, if any, of officers of a company, being prosecuted under Special Acts where the company is the offender.

(2.) Before us is a complaint in which the company and its Directors have been arraigned as accused and one of them has approached us for quashing of proceedings, having unsuccessfully tried for such relief before the High Court in jurisdiction under section 482 of the Code of Criminal Procedure. It has been urged that at the very outset it be identified as to who out of the arraigned persons is to face the prosecution.

(3.) Section 141 of the Negotiable Instruments Act which covers the topic "Offences by Companies" read as follows :