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VENKATA JYOTHIRMAI PRATAPA
Cherukupalli Sitaram – Appellant
Versus
NMR Prefabs, Nellore, A. P. – Respondent
| Table of Content |
|---|
| 1. overview of criminal cases and amounts due. (Para 1 , 2) |
| 2. arguments regarding the director's liability. (Para 3 , 4 , 5) |
| 3. court's reasoning on jurisdiction and standard of proof. (Para 6 , 7 , 8 , 9 , 11) |
| 4. determination of vicarious liability under section 141. (Para 10) |
| 5. dismissal of petitions and closure of pending matters. (Para 12 , 13) |
JUDGMENT /COMMON ORDER :
The instant petitions under Section 482 of Code of Criminal Procedure, 1973 (for short 'Cr.P.C.'), have been filed by the petitioner/accused No.6, seeking to quash the proceedings against him in CC Nos.2892, 1691 and 2893 of 2020 on the file of the Courts of V Additional Judicial Magistrate of First Class, Nellore, VIII Additional Judicial Magistrate of First Class, Nellore and V Additional Judicial Magistrate of First Class, Nellore respectively, which were registered for the offence punishable under Sections 138 and 142 of the Negotiable Instruments Act, 1881 (for short 'Cr.P.C.').
2. The facts that led to filing of the above criminal cases, in brief, are as follows:
Directors can be held vicariously liable for offenses committed during their tenure, even if they resign before legal proceedings commence.
The court quashed proceedings against a former director for cheque dishonor, ruling that allegations did not establish an offense post-resignation, emphasizing the need to prevent abuse of legal proc....
Directors of a company are vicariously liable under Section 138 of the Negotiable Instruments Act if they are responsible for the conduct of the company’s business, regardless of their claim of non-i....
Vicarious liability applies to partners in a firm under Section 141 of the Negotiable Instruments Act, making them accountable for cheques issued by the firm, irrespective of individual management in....
Vicarious liability under the N.I. Act requires the company to be a party; absence of the company invalidates proceedings against the individual.
A non-signatory director cannot be held liable under Section 138 of the Negotiable Instruments Act if not responsible for the company's conduct at the time of the offence.
The necessity of specific averments to fasten vicarious liability on a director under Section 141 of the N.I. Act, and the inability to quash the prosecution based on lack of specific averments in th....
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