Vicarious liability of the accused for the actions of the company and the implications of technical defects in the complaint on the prosecution and trial.

JUDGMENT

(Common Prayer: Criminal Revision Case filed under Section 397(1) r/w 401 Cr.P.C. against the order dated 16.05.2023 in C.M.P. Nos.15483, 15482, 15484, 15485, 15486 and 15487 of 2022 in STC Nos.1095, 1096, 1098, 824, 823, and 1097 of 2019, on the file of the Judicial Magistrate III, Cuddalore.)

Common Order:

1. Challenge in these Criminal Revisions are made to the orders dated 16.05.2023 in C.M.P. Nos.15483, 15482, 15484, 15485, 15486 and 15487 of 2022 in STC Nos.1095, 1096, 1098, 824, 823, and 1097 2019 , on the file of the Judicial Magistrate III, Cuddalore.

2. The revision petitioner is the accused in STC Nos. 1095, 1096, 1098, 824, 823, and 1097 2019, on the file of the Judicial Magistrate III, Cuddalore.

3. The 1st respondent/complainant filed 6 private complaints under Section 200 Cr.P.C. against the revision petitioner/accused for an offence punishable under Section 138 r/w 141 of the Negotiable Instruments Act.

4. The case of the complainant in a nutshell is as follows:

4.1. The complainant is a proprietor of S.G.M. Lorry Service. He filed an application in IBA/144/2019 before the National Company Law Tribunal (NCLT), Chennai, for initiation of Corporate Insolvency Resolution Process under Section 9 of Insolvency and Bankruptcy Code, 2016, for recovery of Rs.1,40,02,583/- from M/s.Thiru Arooran Sugars Private Limited and Rs.67,87,962/- from M/s.Shree Ambika Sugars Limited. The said Application was withdrawn by the complainant pursuant to the Memorandum of Compromise arrived at between the complainant and M/s.Thiru Arooran Sugars Private Limited and M/s.Shree Ambika Sugars Limited, and the accused issued the following cheques. 

When the cheques were presented by the complainant through his banker, viz., Lakshmi Vilas Bank, Cuddalore, the same were returned unpaid for the reason 'Insufficient Funds'. Therefore, the complainant issued statutory notices dated 09.05.2019, 18.06.2019 and 16.07.2019 to the Chairman and Managing Director of M/s.Thiru Arooran Sugars Private Limited, and M/s.Shree Ambika Sugars Limited demanding them to make good the payment. Since no reply was received from any of them, he filed the following cases under Section 200 Cr.P.C. against the accused before the Judicial Magistrate III, Cuddalore. 

4.2. On receipt of the complaints, the learned Judicial Magistrate, Cuddalore, took cognizance of the offence after recording the sworn statement of the complainant and issued summons to the accused under Section 204 Cr.P.C. On appearance of the accused, copies of records were furnished to him under Section 207 Cr.P.C and the accused was also questioned with regard to the substance of accusation made against him. Since the accused pleaded not guilty, the case was posted for trial. The complainant examined himself and marked various documents. The accused thereafter was questioned under Section 313 Cr.P.C,.with regard to the circumstances appearing in evidence against him. His answers were of simple denial. At this stage, the complainant filed petitions to implead the principal offender, namely, M/s.Thiru Arooran Sugars Private Limited and M/s.Shree Ambika Sugars Limited as accused in the respec