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Himanshu vs B Shivamurthy & Anr Judgment Dr Dhananjaya Y Chandrachud, J A Complaint Under Section 138 Of The Negotiable Instruments Act, 1881 Was Instituted By The Against The According To The Complainant, The Had Borrowed A Sum OfAsserted, The Direction Of The High Court That The Company Could Be Impleaded/Arraigned At This Stage Is Erroneous The First Submission On Behalf Of The Is No Longer Res Integra A Decision Of A Three Judge Bench Of This Court In Aneeta Hada vs Godfather Travels And Tours Private Limited1 Governs The Area Of DisputeArrive At The Irresistible Conclusion That For Maintaining The Prosecution Under Section 141 Of The Act, Arraigning Of A Company As An Accused Is Imperative The Other Categories Of Offenders Can Only Be Brought In The Drag-Net On The Touchstone Of Vicarious Liability As The Same Has Been Stipulated In The Provision Itself “ The Judgment Of The Three Judge Bench Has Since Been Followed By A Two Judge Bench Of This Court In Charanjit Pal Jindal vs L N Metalics2 There Is Merit In The Second Submission) The Failure Of The Drawer To Make Payment Of The Amount Of Money To The Payee Or The Holder In Due Course Within Fifteen Days Of The Receipt Of The Notice In Msr Leathers vs S Palaniappan3, This CourtHave Been Committed By The Person Issuing The Cheque ” The Importance Of Fulfilling These Conditions Has Been Adverted To In A Recent Judgment Of A Two Judge Bench Of This Court In N Harihara Krishnan vs J Thomas4 Adverting To The Ingredients Of Section 138Himanshu vs B Shivamurthy & Anr Date :