Back
MANOJ KUMAR OHRI
Ankush Arora – Appellant
Versus
Rachna Sarees – Respondent
JUDGMENT (Oral)
1. By way of present petition filed under Section 482 Cr.P.C., the petitioner seeks to assail the summoning order dated 24.02.2020 passed by learned M.M. in Complaint Case No. 1538/2020 initiated under Section 138 read with Section 142 of the Negotiable Instrument Act, 1881 (for short, the `NI Act').
2. Facts, as available from the records, are that the parties were having business relations since April, 2017. It was further claimed that from time to time, respondent No.1/Rachna Sarees supplied fabric clothes to Manglam Embroideries Pvt. Ltd./accused company on credit basis. Subsequently, to repay the dues of Rs.8 lacs, eight cheques for Rs.1 lac each were issued. However, on presentation, the cheques were returned dishonoured with the remarks `funds insufficient' vide return memo dated 09.12.2019. Subsequently, a demand notice was issued to the petitioner as well as the accused company, however upon their failure to discharge the liability, the subject complaint came to be filed.
3. Present petition is premised on the ground that though in the criminal complaint, respondent has impleaded the petitioner as Director of the accused company, however, the petitioner is nei
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.
The main legal point established in the judgment is the requirement for specific averments and unimpeachable evidence to establish vicarious liability of directors in cases of cheque bounce under Sec....
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....
Dishonour of cheque – Offence by company – It may not be proper to split while reading complaint so as to come to a conclusion that allegations as a whole are not sufficient to fulfil requirement of ....
Vicarious liability under Section 141 of the Negotiable Instruments Act requires specific allegations showing a person's responsibility for conduct of a company's affairs; mere involvement is insuffi....
Specific averments are necessary to establish the liability of a Director under Section 141 of the Negotiable Instruments Act; mere designation is insufficient.
Point of Law : Where there is not even an averment against the Managing Director or joint Managing Director of the Company therein. [Para 11]
Point of law: It is for the petitioner to establish in trial that he was not responsible for the conduct of the business of the company owing to his age and the mere ipse dixit of the petitioner that....
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
