REGENT COMPUTRONICS PVT. LTD.

B.RAMAN Appellant

V/S

SHASUN CHEMICALS AND DRUGS LTD. Respondents

Referred Judgements :-

W. H. KING V. REPUBLIC OF INDIA [REFERRED TO]
SUBRAMANIUM SETHURAMAN V. STATE OF MAHARASHTRA [REFERRED TO]
MANEKA GANDHI VS. UNION OF INDIA [REFERRED TO]
TOMY JACOB KATTIKKARAN VS. THOMAS MANJALY [REFERRED TO]
SADANANDAN BHADRAN VS. MADHAVAN SUNILKUMAR [REFERRED TO]
K BHASKARAN VS. SANKARAN VAIDHYAN BALAN [REFERRED TO]
CENTRAL BANK OF INDIA VS. SAXONS FARMS [REFERRED TO]
ANIL HADA VS. INDIAN ACRYLIC LIMITED [REFERRED TO]
SHAKTI TRAVEL AND TOURS VS. STATE OF BIHAR [REFERRED TO]
DALMIA CEMENT BHARAT LIMITED VS. GALAXY TRADERS AND AGENCIES LIMITED [REFERRED TO]
CANARA BANK VS. DEBASIS DAS [REFERRED TO]
ADALAT PRASAD VS. ROOPLAL JINDAL [REFERRED TO]
STATE OF ORISSA VS. DEBENDRA NATH PADHI [REFERRED TO]
S V MUZUMDAR VS. GUJARAT STATE FERTILIZER CO LTD [REFERRED TO]
S M S PHARMACEUTICALS LTD VS. NEETA BHALLA [REFERRED TO]
JAIN ASSOCIATES VS. DEEPAK CHAUDHARY AND CO [REFERRED TO]
K PANNIR SELVAM VS. MMTC LIMITED [REFERRED TO]
K S SUBBARAMAN VS. IYYAMMAL [REFERRED TO]
I JAIRAJ VS. C ARAVINDA [REFERRED TO]
SANTHANAPANDI VS. STATE [REFERRED TO]
SARAWARAYA TEXTILES LIMITED VS. INTEGRATED FINANCE LIMITED [REFERRED TO]
TARGET OVERSEAS EXPORTS PVT LTD VS. A M IQBAL [REFERRED TO]

JUDGEMENT

(1.) THE question posed before this Division Bench is as follows ; in the absence of individual notice under section 138 (b) of the Negotiable Instruments act, to be served on the director of a company, can the said director be prosecuted for the offence, committed by the company, under Section 138 of the Act?

(2.) WHEN this question was posed before a learned single Judge, Justice T. V. Masilamani, as he then was, it was brought to the notice of the learned single Judge, that, in Harish C. Chadda, Director, Nubal (India) Ltd. v. XS Financial Services Ltd. 2001 (2) L. W. (Cri) 625, Justice D. Murugesan held that the prosecution against the director, who has not been served with a statutory notice, is not maintainable. In another decision, rendered by Justice malai Subramanian, as he then was, in sarvaraya Textiles Ltd. v. Integrated Finance ltd. 2001 (1) CTC 725, it is held that prosecution is maintainable, even though notice has not been served on the director, who is sought to be prosecuted, since the notice issued to company amounts to service of notice on all the directors, arrayed as accused, along with the company, which was also brought to the notice of the learned single Judge.

(3.) ON noticing that there are two divergent views taken by the learned single judges with regard to the issue, Justice T. V. Masilamani, thought it fit to refer the matter to Hon'ble Chief Justice, for posting the same before a Larger Bench, for deciding the issue and setting at rest the controversy. Accordingly, this matter has been posted before this Division Bench, on the orders of Hon'ble Chief Justice.

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B RAMAN Vs. SHASUN CHEMICALS AND DRUGS LTD

Referred Judgements :-

JUDGEMENT

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