Cheque bounce case -- Offence by Company – A Deputy General Manger is not a person who is responsible to the company for the conduct of the business of the company -- He does not fall under any of the categories (a) to (g) listed in section 5 of the Companies Act -- Therefore the question whether he was in charge of the business of the company or not, is irrelevant -- He cannot be made vicariously liable under Section 141(1) of the Act -- If he has to be made liable u/s 141(2), the necessary averments relating to consent/connivance/negligence should have been made -- No such averment made -- Hence Deputy General Manger could not be prosecuted either u/s (1) or u/s (2) of Section 141 of the Act.

(SC) Decided on: 06.07.2009