Case Law Details
Sardar Bhupinder Singh Vs Green Feeds (Punjab & Haryana High Court)
Petitioner has contended that for well maintaining the prosecution under Section 141 of ‘the Act’, the arraigning of the sole proprietary entity concerned, was a dire statutory necessity, as the sole proprietary entity concerned, is the principal offender, whereas, the other natural, or, non juristic persons, can become arrayed as an accused alongwith it, merely on the touchstone of vicarious liability becoming attracted upon them, and, as arises from the dishonour of the negotiable instrument concerned.
Respondent-complainant, has argued, that a keen perusal of the provisions of Section 141 of ‘the Act’ does not disclose, that they are applicable to a sole proprietary entity concerned, and, as such, he argues that the petition complaint instituted in the name of the accused petitioner herein, and, also his being described to be the proprietor of M/s. Thind Traders, is a valid motion, for the drawing of a valid prosecution against the accused petitioner herein, qua an offence, constituted under Section 138 of ‘the Act’.
Clause (a) of the explanation as occurs in Section 141 of ‘the Act’ describes, a ‘Company’ to not only include any corporate body, but also makes a firm, or, other association of individuals, to become included within the realm of statutory coinage ‘Company’, and, besides when clause (b) thereof, when defines a ‘Director’, it makes the said statutory phrase, to in relation to a firm, to also include a partner in a firm.
If so, when the statutory signification assigned to a ‘Company’, does visibly cover not only any corporate body, but also covers a firm, or other association of individuals, therefore, not only a corporate entity either private, or, public limited becomes a ‘Company’, for the purpose of application thereons of Section 141 of ‘the Act’, but also a firm, or, other association of individuals, do also, become covered by Section 141 of ‘the Act’, besides a partner in a firm when is given the colour of a Director of a firm, also does become covered for the relevant purpose.
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