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Issues: Whether the signatory of a company cheque, without the company being proceeded against as drawer, can be directed to pay interim compensation under Section 143-A of the Negotiable Instruments Act, 1881.
Analysis: The statutory scheme treats the drawer as the person who issues the cheque, and the liability under Chapter XVII primarily fastens on the drawer. Section 141 creates a limited statutory extension of criminal liability for company offences by way of vicarious liability, but that extension does not rewrite the meaning of drawer under Section 143-A. An authorised signatory signs on behalf of the company and does not become the company itself. Since Section 143-A is a penal and coercive provision, it must be applied strictly according to its text, and the obligation to pay interim compensation cannot be shifted from the drawer-company to its authorised signatory merely because the company is under insolvency or the signatory may otherwise face prosecution under Section 141.
Conclusion: An authorised signatory is not a drawer for the purpose of Section 143-A, and interim compensation cannot be directed against such signatory in the absence of the company being treated as the drawer.