Re: Liability of Company for Criminal Offence

A company when commits criminal offence u/s138 can be made liable by bringing in those who are responsible for the conduct of the company.

Re: Liability of Company for Criminal Offence

The person who is the authority to sign will be liable.

Re: Liability of Company for Criminal Offence

Since the penal provision of offence u/s.138 provides for punishment in terms of imprisonment or fine, a company can be prosecuted for that offence. However, when penal provision has compulsory imprisonment, then a jural person like company can not be prosecuted for such offences.