State Of Bombay vs Devakinandan Kanhyalal Agarwal on 13 August, 1958
In support of that conclusion the learned Judge relies on the decision in Hari Prasad v. The State, . It was held in that case that a person cannot be held guilty under Section 477A, unless the was employed by the firm in the capacity of either a clerk or an officer or a servant. That decision conflicts with the view taken by this Court in 6 Bom LR 553. Section 477A speaks of a person who is "employed or acting in the capacity of a clerk, officer of servant." That being so, we do nt see any reason why the scope of Section 477A should be confined to persons who are employed in those capacities, and should bot extend to persons who act in those capacities.