Analysis of Supreme Court Judgment in G Ramesh vs. Kanike Harish Kumar Ujwal & Anr.

For the purpose of Section 141 of the Negotiable Instruments Act, 1881, expression “company” has been defined to mean any body corporate and to include a firm or other association of individuals.

In terms of the explanation to Section 141, the expression “company” has been defined to mean any body corporate and to include a firm or other association of individuals. Sub-section (1) of Section 141 postulates that where an offence is committed under Section 138 by a company, the company as well as every person who, at the time when the offence was committed, was in charge of and was responsible to the company for the conduct of the business shall be deemed to be guilty of the offence.

In determining as to whether the requirements of the above provision have been fulfilled, it is necessary to bear in mind the principle of law that a partnership is a compendious expression to denote the partners who comprise of the firm. By the deeming fiction in Explanation (a) the expression company is defined to include a firm.

Judgement link : https://www.sci.gov.in/supremecourt/2018/47296/47296_2018_Order_05-Apr-2019.pdf