1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Criminal Application No.1101 of 2010 (Nilesh Jog v. Shegaonkar Associates and Engineering Pvt. Ltd, through its Managing Director, Mr. Chandrashekar s/o Ganpatrao Shegaonkar) Office Notes, Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders and Registrar's order Shri R.S. Kurekar, Advocate for Applicant. Shri Rohit P. Dixit, Advocate for Respondent. Coram : R.M. Borde, J. Dated : 5 th August, 2010 This is an application for quashment of the proceedings initiated by the respondent/original complainant in respect of the offence punishable under Section 138 of the Negotiable Instruments Act. The prosecution is launched by the complainant against the Company and its two Directors. One of the Directors of the Company is before this Court, who is seeking quashment of the proceedings. It is contended by the learned counsel for the applicant that the applicant is not a signatory to the cheque and as such he cannot be prosecuted in respect of the offence punishable under Section 138 of the Negotiable Instruments Act. As stated above, the Company has also been added as an accused along with its two Directors. Section 141(1) of the Negotiable Instruments Act provides that 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 2 company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly. There are allegations made in the complaint that both the Directors, i.e. accused Nos.2 and 3, are incharge of the affairs of the Company and are responsible for the business of the Company. As such, in view of the provisions of Section 141(1) of the Negotiable Instruments Act, they can be prosecuted in respect of the offence punishable under Section 138 of the Negotiable Instruments Act. The application is devoid of substance and the same is, therefore, rejected. Judge. pdl.