Law: Penal Code (XLV of 1860)

Section: 489-F

Law: Criminal Procedure Code (V of 1898)

Section: 498

(a) Penal Code (XLV of 1860)--- ----S. 489-F--- Term "whoever"---Connotation---Liability of a company---Term "whoever" in S. 489-F, P.P.C., encompasses all offenders without distinction, whether natural or juristic persons---Criminal liability for dishonestly issuing a bad cheque is attributable to a company and it can be prosecuted. Merriam-Webster Online Dictionary; The Oxford Advanced Learner's Dictionary (Eighth Edition); Corpus Juris Secundum, Vol. XCIV, p. 94; Seena M. Haniff & Co. v. Liptons Limited (23 Indian Cases 689) and Mst. Gulshan Bibi and others v. Muhammad Sadiq and others PLD 2016 SC 769 rel. (b) Criminal Procedure Code (V of 1898)--- ----S. 498---Penal Code (XLV of 1860), S. 489-F---Dishonestly issuing a Bank cheque---Pre-arrest bail, confirmation of---Accused was CEO of company which entered into an agreement to purchase steel bars from complainant company---Bank cheque issued by accused company was dishonored and FIR was registered against accused---Plea raised by accused was that the bank cheque was to be encashed upon delivery of consignment and was so endorsed on the back of the instrument but complainant company breached its contractual obligations and illegally presented the cheque to the Bank---Validity---Criminal liability under S. 489-F, P.P.C., of the person signing the cheque on the company's behalf depended on his role, position and authority within the company---Mens rea of those managing the company's affairs, and its directing mind and will, may be attributed to it in certain circumstances---Prosecution was to prove that the particular person was in-charge of company's operations at the time of commission of offence---Offence under S. 489-F, P.P.C. was not one of strict liability and penal consequences depended on proof of dishonesty---Prima facie, the contention of accused that FIR was motivated by malice was not unfounded--- Pre-arrest bail was confirmed, in circumstances. Mousell Brothers Limited v. London and North-Western Railway Company, [1917] 2 KB 836 (at p. 845); Lennard's Carrying Co Ltd v. Asiatic Petroleum Co Ltd [1915] AC 705; H.L. Bolton (Engineering) Co. Ltd. v. T.J. Graham and Sons Ltd. [1957] 1 QB 159; Tesco…

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