PARVEEN KUMAR KANUNGO Vs. MOHINDER BANSAL

JUDGEMENT

(1.) Appellant is complainant in complaint filed under Sec. 138 of the Negotiable Instruments Act, 1881 (for short NI Act), which has been filed for dishonor of cheque issued by Blue Bird Corporation. Respondent has been made an accused as Chairman/Managing Director of Blue Bird Corporation-respondent.

(2.) Admittedly, Blue Bird Corporation is a registered firm which stands proved on record from the documents exhibited by respondent during trial. Blue Bird Corporation has not been arrayed as party. Trial Court after taking into consideration provisions of Sec. 141 of NI Act and pronouncement of the Supreme Court in Aneeta Hada Vs. Godfather Travels and Tours Pvt. Ltd. reported in (2012) 5 SCC 661 has dismissed the complaint on the ground that Company/Firm has not been arrayed as an accused which is imperative for maintaining a complaint against Firm or the Managing Director/Chairman/Director of the Firm.

(3.) The Supreme Court in Aneeta Hada's case has observed that first condition in such cases is that a Company should be held to be liable; a charge has to be framed; a finding has to be recorded and the liability of the person incharge of the Company only arises when the contravention is by the Company itself and the Director or any other Officer cannot be prosecuted without impleadment of the Company being principal offender, except in a case where there is some legal impediment to proceed against the Company and where despite making it an accused, it cannot be proceeded against due to existence of a legal bar.