SHANKAR MENON Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) All the revision applications mentioned in this caption above are directed against proceedings under Section 138 of Negotiable Instruments Act initiated by the opposite party No. 2 M/s. Prithvi Energy Ltd. and M/s. Garkot (India) Pvt. Ltd. wherein the petitioner has been made accused No. 5. Since all the proceedings are identical and same legal issue arises, they are being disposed of by this common judgment.

(2.) A short but important question as to whether the petitioner, being a Director of a company simpliciter, can be prosecuted for committing an offence under Section 138 read with Section 141 of the Negotiable Instruments Act, has been raised in these revision applications.

(3.) The Director Shankar Menon (shown as accused No. 5) claimed that he was not vicariously liable for act of the principle offender i.e., the company M/s. Carritt Moran Company (P. Ltd.) for commission of alleged offence under Section 138 read with Section 141 of the Negotiable Instruments Act. He has prayed for quashing of the proceedings initiated against him by the opposite party No. 2 M/s. Prithvi Energy Ltd. and M/s. Garkot (India) Pvt. Ltd. against M/s. Carritt Moran Company (P. Ltd.) together with five others including himself.