(1.) By this writ application under Article 227 of the Constitution of India, the applicant - original complainant has prayed for the following reliefs:
(2.) The facts of this case may be summarized as under:
(3.) Mr. Tushar L. Sheth, the learned counsel appearing for the applicant vehemently submitted that the learned Magistrate committed a serious error in rejecting the application Exhibit : 53. He submitted that the application filed under Section 319 of the Cr.P.C. to implead the partnership firm being a legal body is maintainable. He submitted that assuming for the moment that at the relevant point of time, the partnership firm was not impleaded as an accused, and no cognizance was taken for the offence against the legal entity, yet at a later stage, it is open for the Court to permit the complainant to implead the legal entity and proceed further with the trial in accordance with law. He submitted that the partners of the firm, who have been arraigned as accused in the complaint, are being prosecuted by virtue of Section 141 of the Act. In the absence of the company before the Court, the prosecution would fail as the partners cannot be held vicariously liable for the offence punishable under Section 138 of the Act in the absence of the partnership firm before the Court.
ABOUT US "REGENT COMPUTRONICS PVT. LTD." is a Company incorporated in 1991 under the provisions of the Companies Act, 1956. Since its inception to 1995, the Company was busy in carrying out the activities related to various Banks' Job Work..
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