Back
IN THE HIGH COURT AT CALCUTTA
KRISHNA RAO
Rekha Malhotra – Appellant
Versus
State of West Bengal – Respondent
| Table of Content |
|---|
| 1. application for quashing proceeding under section 482. (Para 1 , 2) |
| 2. details of the complaint and accused roles. (Para 3 , 4 , 6 , 7) |
| 3. arguments regarding the dishonored cheque. (Para 5 , 8 , 9 , 10) |
| 4. importance of specific averments under section 141. (Para 11 , 12 , 13 , 14 , 15) |
| 5. court's findings on lack of personal allegations against directors. (Para 16 , 18 , 19) |
| 6. quashing of the complaint and conclusion of the case. (Para 20 , 21) |
JUDGMENT :
KRISHNA RAO, J.
1. This in an application under Section 482 of the Criminal Procedure Code, 1973 filed by the petitioners (Accused persons) for quashing of the entire proceeding being Complaint Case No. C-824 of 2011 pending before the Learned 4th Metropolitan Magistrate at Calcutta under Section 138 read with Section 141 of the Negotiable Instruments Act, 1881 (As amended till date) and all orders passed thereunder.
2. The matter was taken up for hearing on 21st November, 2025 but none appears on behalf of the opposite parties and no accommodation is prayed for, accordingly, the matter is taken up for hearing in the absence of the opposite party. The application is pending since the year 2012.
3. The complainant, name
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 vicarious liability under Section 141 of the Negotiable Instruments Act.
Specific averments regarding a director's role and responsibility are essential for vicarious liability under Section 141 of the N.I. Act; mere designation is insufficient.
Specific averments are necessary to establish the liability of a Director under Section 141 of the Negotiable Instruments Act; mere designation is insufficient.
Dishonour of cheque – Offence by company – For maintaining prosecution under Section 141 of NI Act, arraigning of company as an accused is imperative and non-impleadment of company would be fatal for....
Non-Executive Directors cannot be held liable under Section 141 of the Negotiable Instruments Act without specific averments demonstrating their involvement in the company's day-to-day affairs.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
