H.R.Panwar, J. - (1.) These three Criminal Misc. Petition under Section 482 of Criminal Procedure Code, 1973, (for short the Code' hereinafter) involve common question of law and facts and arise between the same parties, therefore, with the consent of Counsel for the parties, they are heard together and decided by this order.
(2.) By the instant Criminal Misc. Petitions, the petitioner seeks quashing of Complaint No. 153/2004 qua them on the ground that the complaint does not specifically contain the averment that at the time the offence was committed, the petitioner were in-charge of, and responsible for the conduct of business of the company as envisaged under Section 141 of Negotiable Instruments Act, 1881 (for short 'the Act' hereinafter).
(3.) I have carefully perused the complaint filed by Non-petitioner No. 2. It has nowhere been specifically averred in the complaint that at the time the offence was committed, the accused petitioners were in-charge of and responsible for the conduct of the business of the company. Section 141 of the Act deals with offences by company, which reads as under: - "Section 141. Offence by companies. - (1) If the person committing an offence under Section 138 is a company, every person who, at the time the offence was committed, was in charge of, and was responsible to the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: Provided that nothing contained in this sub-section shall render any person liable to punishment if he proves that the offence was committed without his knowledge, or that he had exercised all due diligence to prevent the commission of such offence: [Provided further that where a person is nominated as a Director of a company by virtue of his holding any office or employment in the Central Government or State Government or a financial Corporation owned or controlled by the Central Government or the State Government, as the case may be shall not be liable for prosecution under this chapter.] (2) Notwithstanding anything contained in Sub-section (1), where any offence under this Act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to, any neglect on the part of, any Director, Manager, Secretary or other Officer of the Company, such Director, Manager, Secretary or other Officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.";