HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL PETITION No.5334 of 2009 ORDER: The petitioner is accused of offence punishable under Section 138 of the Negotiable Instruments Act (in short, the Act). The petitioner is the sole accused against whom the second respondent/complainant filed private complaint. The petitioner is described as Managing Director, VSLN Constructions Private Limited, Hyderabad. It is contended by the petitioner’s counsel that the petitioner did not issue the cheque in his personal capacity and on his own account, but even as per allegations in the complaint, the petitioner had drawn the cheque in his capacity as Managing Director and on the account of the company and that therefore prosecution of the petitioner in his individual capacity is impermissible in law. Section 141 of the Act is a direct answer for the petitioner’s contention. As per Section 141, if the person committing an offence under Section 138 is a company, every person who at the time the offence was committed, was incharge 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. In that view of the matter, not only the company, but also the petitioner as Managing Director of the company are equally responsible for the offence under Section 138 of the Act. Admittedly, the petitioner is Managing Director of the company as well as signatory of the cheque in his capacity as Managing Director of the company. Therefore he cannot avoid prosecution under Section 138 of the Act. Hence, this Criminal Petition fails. Accordingly, the Criminal Petition is dismissed. ________________________ SAMUDRALA GOVINDARAJULU,J Dt. 28th October, 2011. PNV