Under the proviso to Section 124(1) of the Patents Act, 1970, a person in charge of the company shall…

The proviso to section 124(1) excuses a person in charge "if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence". Later resignation or payment by the company is no defence, and an offence by a subordinate still binds him unless he proves one of these two matters.