Back
SURESH KUMAR KAIT
Surendra Kumar Hooda (Retd. ) – Appellant
Versus
Kapil Gupta – Respondent
JUDGMENT :
1. Vide above captioned four petitions, the petitioner seeks quashing of orders dated 16.3.2017, 25.06.2018 and 25.06.2020, passed by the learned Metropolitan Magistrate in complaints under Section 138 of Negotiable Instrument Act, 1881 (NI Act).
2. The above captioned first petition [CRL.M.C.1779/2020] pertains to Complaint No.612304/206. The second captioned petition [Crl.M.C. 1782/2020] pertains to Complaint No. 611606/2016. The above captioned third petition [Crl.M.C. 1783/2020] pertains to Complaint No. 611608/2020. The fourth captioned petition [Crl.M.C. 1784/2020] pertains to Complaint No.612305/2016. Since the subject matter of these petitions pertain to four different complaints (henceforth referred to as the “complaints in question”) relating to one residential real estate project, namely, “Spire Woods”, therefore, with the consent of learned counsel for the parties, these petitions have been heard together and are being disposed of by this common judgment.
3. These petitions have been preferred by the petitioner seeking quashing of orders dated 16.3.2017 and
The judgment emphasized the principles of vicarious liability under Section 141 of the NI Act and the need for material to substantiate contentions regarding non-involvement in the offense.
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....
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.
Directors who had resigned prior to the issuance of a dishonored cheque cannot be held liable under Sections 138 and 141 of the Negotiable Instruments Act, and specific averments are required to esta....
Directors of a company can be held vicariously liable under Section 141 of the Negotiable Instruments Act if they were in charge of the company's affairs at the time of the offense.
Vicarious liability under the Negotiable Instruments Act requires proof of a director's active involvement and responsibility in the company's operations, not merely their title.
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....
Directors can be held liable for offenses under the Negotiable Instruments Act if they are in charge of the company's affairs at the time of the offense, regardless of their resignation, unless they ....
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
