Vijay Kumar Dange v. Saroj Thakur & Anr.
In the High Court of Himachal Pradesh
Cr.MMO 171/2015
Before Justice Tarlok Singh Chauhan
Decided on July 31, 2015

Relevancy of the case: Interpretation of Section 85 of the Information Technology Act, 2000

Statutes and Provisions Involved

• The Information Technology Act, 2000 (Section 85)
• The Constitution of India, 1950 (Article 227)
• The Code of Criminal Procedure, 1973 (Section 482)
• The Negotiable Instruments Act, 1881 (Section 138, 141)

Relevant Facts of the Case

• The petitioner is an employee of Century Vision Organic Farm Private Limited.
• The respondent initiated criminal proceedings under Section 138 of the Negotiable Instruments Act, 1881 against the petitioner without making the company an accused. The petitioner received a legal notice and summons order in the capacity of an employee.
• The case deals with the liability of employees without making the company an accused in the complaint when the allegations are against the company and employees are not involved in the offence in an individual capacity.

Opinion of the Bench

• The court relied on Aneeta Hada v. Godfather Travels and Tours Private Limited to interpret Section 141 of the Negotiable Instruments Act, 1881.
• In the absence of any legal bar, it is necessary to make the company an accused for prosecuting employees, directors and officers of a company under Section 138.
• The same interpretation applies to Section 85 of The Information Technology Act, 2000.

Final Decision

• The court allowed the appeal and quashed the criminal proceedings.