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B. R. GAVAI, SANDEEP MEHTA
Susela Padmavathy Amma – Appellant
Versus
Bharti Airtel Limited – Respondent
JUDGMENT :
B.R. GAVAI, J.
1. Leave granted.
2. The present appeals challenge the common judgment and order dated 26th April, 2022 passed by the High Court of Judicature at Madras (hereinafter referred to as “High Court”), in Crl. O.P. Nos. 3470 & 5767 of 2019 and Crl. M.P. Nos. 2224, 2225 & 3255 of 2019, whereby the High Court rejected the prayer for quashing of C.C. Nos. 3151 & 3150 of 2017, on the file of learned XVIII Metropolitan Magistrate, Saidapet, Chennai (now transferred to the learned Metropolitan Magistrate, Fast Track Court-III, Saidapet, Chennai), in connection with the offence punishable under Section 138 read with Section 142 of the Negotiable Instruments Act, 1881 (hereinafter referred to as “the N.I. Act”).
3. The facts, in brief, giving rise to the present appeals are as follows:
3.1 M/s. Bharti Airtel Limited (hereinafter referred to as, “complainant” or “respondent”), is a company engaged in the business of providing telecommunication services, under a license issued by the Government of India, in various telecom circles in India.
3.2 One M/s. Fibtel Telecom Solutions (India) Private Limited (hereinafter referred to as, “Fibtel Telecom Solutions” or “Company”), a comp
Specific averments regarding a director's responsibility for a company's conduct are essential for vicarious liability under Section 141 of the Negotiable Instruments Act.
Directors can only be held vicariously liable under Section 141 of the Negotiable Instruments Act if specific averments are made in the complaint regarding their responsibility for the company's cond....
Specific averments regarding a director's responsibility for a company's conduct are essential for establishing vicarious liability under Section 141 of the Negotiable Instruments Act.
(1) Dishonour of cheque – Impleadment of all Directors of Accused Company on the basis of a statement that they are in charge of and responsible for conduct of business of company, without anything m....
Vicarious liability under Section 141(1) of the NI Act must be strictly construed, and the complaint should provide specific averments to establish the accused's responsibility for the company's cond....
Vicarious liability of Directors under Section 138 NI Act depends on their actual role in the company's affairs, and strict interpretation of the provision is necessary.
Specific averments are necessary to establish the liability of a Director under Section 141 of the Negotiable Instruments Act; mere designation is insufficient.
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