2025 (3) TMI 254

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....NO(S).468 OF 2025 (ARISING OUT OF S.L.P. (CRIMINAL) NO(S).8127/2019) HON'BLE MR. JUSTICE ABHAY S. OKA AND HON'BLE MR. JUSTICE UJJAL BHUYAN For The Petitioner : Mr. Abhishek Atrey, AOR  Mr. Rupesh Kumar Tyagi, Adv. Ms. Ambika Atrey, Adv. Ms. Jyoti Verma, Adv. For the Respondent : Mr. Alok Krishna Agarwal, Adv.  Mrs. Petal Chandhok, Adv. Mr. Gaichangpou Gangmei, Adv. Mr. Yimyanger Longkumer, Adv. For M/S. Trust Legal, AOR  Mr. Awanish Sinha, AOR ORDER 1. Leave granted. 2. Heard the learned counsel appearing for the parties. 3. The appellant is arraigned as accused no.3 in the complaints filed by the first respondent under Section 138 of the Negotiable Instruments Act, 1881 (for short, "the 1881 Act"). Admitt....

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....s by companies.-(1) If the person committing an offence under section 138 is a company, every person who, at the time the offence was committed, was in charge of, and was responsible to, the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: Provided that nothing contained in this sub-section shall render any person liable to punishment if he proves that the offence was committed without his knowledge, or that he had exercised all due diligence to prevent the commission of such offence: Provided further that where a person is nominated as a Director of a company by virtue of his holding any off....