Give correct response, in J. M. Desai v. State of Bombay, AIR 1960 S. C. 889, Mr. Desai was the Managing Director of a Dying Company, the company entered into a contract with the textile Commissioner undertaking to dye a large quantity of cloth. Out of the lot some were returned back to the commissioner by the company while others, even after repeated demand, remained undelivered. Therefore, the Managing Director was charged for an offence and he pleaded that the clothes were eaten up by white ants and that he was not personally responsible for damage done to them and their nondelivery.

Correct Answer: The Managing Director would be liable under Section 409 read with Section 34 Indian Penal Code, because physical presence is not necessary in offences involving diverse acts which may be done at different time and places