Negotiable Instruments Act, 1881–Secs. 138 & 141–Respondent-accused was described as a director of the company, but the company itself was not arrayed as a party in the complaint–No averments in the complaint that when the offence was committed, he was responsible to the company for the conduct of the business of the company–Unless the company or firm has committed the offence as a principal accused, the person mentioned in Sec. 141(1) & (2) would not be liable to be convicted on the basis of vicarious liability–Plea of appellant that an additional accused can be impleaded subsequent to filing of the complaint has merit no consideration, once the limitation prescribed for taking the cognizance of the offence u/s. 142 of NI Act has expired–Held, High Court did not commit any error in allowing the writ petition of respondent no. 2.


