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SURESH KUMAR KAIT
Shyam S. Bageshra – Appellant
Versus
State NCT of Delhi – Respondent
JUDGMENT :
SURESH KUMAR KAIT, J.
1. Worlds Window Impex (India) Pvt. Limited, incorporated under the provisions of Companies Act, 1956, preferred a complaint against Rathi Steel And Power Limited and its Directors Mr. Sumit Dass and Mr. Shyam S. Bageshara under Sections 138/141/142 of Negotiable Instruments Act, 1881. The complainant-company is engaged in the business of import and trading of ferrous, non-ferrous metals, precious metals and metal scrap whereas accused-company is a private limited registered company under the provisions of The Companies Act.
2. The complainant has alleged that the accused-company through its Director, petitioner herein, had approached the office of complainant on various occasions for supply of shredded steel scrap as per their business requirement and the material was promptly supplied as per demand. It is alleged that against supply of steel scrap against invoice bearing Nos. 2080000493 and 2080000494 for a sum of Rs. 1,14,62,732.27/- [as per agreed rate of Rs. 23131.80/MT dated 23.08.2013] payment was to be made immediately after supply of material. A few payments against these invoices were received, however, as per accounts maintained by the compl
Criminal Law - Criminal Trial - Dishonoured of Cheque - Sought for quash of Proceedings - When disputed questions of facts are involved which need to be adjudicated after the parties adduce evidence,....
Specific averments and evidence are necessary to hold an individual vicariously responsible for an offence committed by a company under Section 138 of the NI Act.
Sufficient averments in a complaint against a director fulfill requirements of Section 141 of the NI Act for vicarious liability. Failure to respond to statutory notices under Section 138 infers liab....
Liability under Section 141 of the Negotiable Instruments Act depends on the role played by a person in the affairs of the company at the time of the offence, not just on designation.
The court emphasized that the complainant's specific averments in the complaint fulfilled the requirements of Section 141, and the petitioners failed to provide unimpeachable material to show their n....
The accused has the responsibility of spelling out their defense to the court and proving it.
Vicarious liability of directors under Section 141(1) of the Negotiable Instruments Act, 1881 is contingent on their position at the time of the offense, and procedural irregularities in taking cogni....
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