Negotiable Instrument Act, 1881
Sections 140 & 138
Code of Criminal Procedure, 1898
Section 561A
The matter will be decided upon trial whether or not the omission of the company as accused is fatal to the prosecution of the Managing Director of the company, who issued the cheques on behalf of the company— The High Court Division quashed the proceedings against the Managing Director of the company, who signed the cheques on behalf of the company, as the company, being the principal, was not made an accused in the case. The person, who issued the cheque, whether on his own behalf or on behalf of a company of which he is in charge or for which he is responsible cannot escape liability under the Act. In such circumstances the proceeding against the accused cannot be quashed. The matter will be decided upon trial whether or not the omission of the company as accused is fatal to the prosecution of the Managing Director of the company, who issued the cheques on behalf of the company.
Decided by Appellate Division in Mohammad Eusof Babu and others –versus- Johan Provanjon Chowdhury, Criminal Appeal No. 7-22 of 2011 (judgement delivered on 28th July, 2013). One of us was a party in that decision. It was held that if for any reason the company is not prosecuted, the other persons who are in charge of the affairs of the company or have knowledge about the affairs of the company cannot escape from criminal liability if they are served with the notice. .....Islami Bank Bangladesh Ltd. =VS= Ferdous Khan @ Alamgir, (Criminal), 2025(2) [19 LM (AD) 536] ....View Full Judgment