Smt Akkamahadevi W/O Venkanagouda ... vs Sri Basanagouda S/O Mallanagouda ... on 26 November, 2021
The learned counsel also relied upon the judgment of
Madras High Court in CRL.O.P.No.13147/2015 and
9
CRL.M.P.Nos.1 and 2 of 2015 disposed of on
23.07.2019 in the case of Rangabashyam and another
vs. Ramesh wherein at paragraph-19 the Court has
observed that Section 141 of the N.I. Act deals with the
concept of vicarious liability, wherein for the offence
committed by the Company or a partnership firm, the
directors or the partners, as the case may, are deemed to
be guilty of the offence when it is shown that they are in
charge of and responsible for the conduct of the day-to-
day affairs of the business or the firm, as the case may be.
While interpreting the provision, the Hon'ble Apex Court
has categorically held that complaint cannot be maintained
against the directors of the Company, without making the
company as an accused person. This concept has been
extended even for Partnership Firms. The registration or
non-registration of the Partnership Firm will have no
bearing insofar as Section 141 of the N.I. Act is
concerned.