PINAKI CHANDRA GHOSE, UDAY UMESH LALIT
Krishna Texport & Capital Markets Ltd. – Appellant
Versus
Ila A. Agrawal – Respondent
Key Points: - The judgment holds that notice under Section 138 must be sent to the drawer (the company or individual) and not to other persons; it does not require separate notices to individual directors when the drawer is a company. (!) (!) (!) - Section 141 provides vicarious liability for directors in charge of and responsible to the company, but it does not require issuance of separate Section 138 notices to individual directors; the notice to the company is considered sufficient for them to respond or be tried. (!) (!) (!) - If separate notices to directors are read into Section 138, the process becomes cumbersome and the period for filing complaints could be undesirably shortened; the court rejects reading such requirement into Section 138. (!) (!) (!) (!) (!) - The aggregate time frame for actions under Sections 138 and 142 allows gathering information on directors and other responsible persons within a 75-day window from dishonour; this period is not limited to 30 days when considering company vicarious liability. (!) (!) (!) (!) (!)
Uday Umesh Lalit, J. —This appeal by Special Leave is directed against the order dated 6.5.2008 passed by the High Court of Judicature at Bombay rejecting Criminal Application No. 2174 of 2007 preferred by the appellant for leave to appeal.
2. On 14.09.1996 a notice under Section 138 of the ‘Negotiable Instruments Act, 1881’(hereinafter referred to as “the Act”) was issued on behalf of the appellant to M/S Indo French Bio Tech Enterprises Ltd (‘the Company’ for short). The notice stated that a cheque bearing No. 364776 dated 8.9.1996 drawn by the Company on Dena Bank, New Marine Lines, Mumbai in favour of the appellant was returned on 10.9.1996 with endorsement “funds insufficient”. The notice therefore called upon the addressee to make the payment of the cheque amount within 15 days of the receipt of such notice. No reply was sent to the aforesaid notice dated 14.9.1996.
3. The appellant thereafter filed Complaint Case No. 243/S/1996 before the Additional Chief Metropolitan Magistrate, 5th Court at Dadar, Mumbai against the Company, Mr. K.J. Bodiwala, the Chairman and Managing Director of the Company and 11 other directors including respondents 1 and 2. In so far as the d
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