RASHTRIYA CHEMICAL Vs. SUDHAKAR RAJESHWAR BELORKAR

JUDGEMENT

(1.) Both these revisions are against the Judgment delivered by the Sessions Court, Yavatmal thereby reversing the order of Judicial Magistrate, First Class, Yavatmal, which had allowed an application moved in proceedings under Section 138 r/w. 142 of the Negotiable Instruments Act,1882 (hereinafter referred to as "the N.I. Act") for addition of Directors as accused persons. Since the issue involved in both these revisions is common, they are decided by consent by this common Judgment.

(2.) The applicants initiated proceedings under Section 138 r/w. 142 of the N. I. Act against the Company by name Ganga Fertilizers Pvt. Ltd. through its Managing Director Vijay Belorkar and said Vijay Belorkar in his independent capacity was also added as an accused.

(3.) The proceedings were initiated in 2006. However, said Vijay Belorkar since died, the present applicants moved an application thereby impleading the surviving Directors as Managing Directors. The said application came to be allowed by the Magistrate by detailed order thereby observing that criminal liability on account of dishonour of cheque is the responsibility of drawer, who is a Company in this case. Such responsibility extends to the Officer of the Company. Learned Magistrate has observed that the proposed accused were incharge of and were responsible for the conduct of business of accused/Company and as such, permitted them to be added.