SASHIKANT TODI Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The instant criminal appeal is filed against the Judgment and Order dtd. 16/2/2019 passed by the Learned Metropolitan Magistrate, 11th Court, Calcutta in T.R. Case No.217/2003 arising out of Complaint Case No.C/781/2003 under Sec. 138/141 of the Negotiable Instruments Act, 1881, whereby the accused persons were acquitted under Sec. 255 (1) of the Code of Criminal Procedure, 1973.

(2.) The original criminal prosecution was initiated by the present Appellant against Siddharth Automobiles Limited, Deepak Loyalka and S. M. Bedi under Sec. 138/141 of the Negotiable Instruments Act, 1881. The Accused No.1 company issued two account payee cheques bearing number 162718 dtd. 15/04/2003 and bearing number 162719 dtd. 15/05/2003, each for Rs.2,50,000.00 in discharge of legal debt and liability. Both the cheques were drawn on Federal Bank Ltd., Elgin Road branch. The cheques were drawn in favor of the present Appellant. Both the cheques were dishonored for insufficiency of fund. The Appellant issued demand notice asking to pay the money but money covered under the cheques was not paid. On being constrained, prosecution was launched under Sec. 138/141 of the Negotiable Instruments Act, 1881.

(3.) The Trial Court acquitted the accused persons in terms of the impugned judgment. The Trial Court was too much carried with the argument that company should be made a party. It was observed by the Trial Court that under Sec. 141 of the Negotiable Instruments Act, 1881 arraigning a company as an accused is imperative; the case against the company was withdrawn by the complainant; so, in absence of the company, the accused no. 2, being the Managing Director having vicarious liability cannot be brought in the dragnet of prosecution. On that premises, the order of acquittal was passed.