Back
IN THE HIGH COURT OF DELHI AT NEW DELHI
SWARANA KANTA SHARMA
Ram Kumar Pathak – Appellant
Versus
Shashi Devi – Respondent
| Table of Content |
|---|
| 1. case filed under ni act. (Para 1 , 2 , 3) |
| 2. contentions of the petitioner and respondent. (Para 4 , 5) |
| 3. court's overview of legal principles. (Para 6 , 7 , 8) |
| 4. statutory interpretation of vicarious liability. (Para 9 , 10 , 11) |
| 5. specific averments required for vicarious liability. (Para 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20) |
| 6. final ruling on the petition. (Para 21 , 22 , 23 , 24) |
JUDGMENT :
SWARANA KANTA SHARMA, J
1. The present petition has been filed seeking setting aside of the order dated 28.01.2019, passed by the learned ASJ-03, Karkardooma Courts, North-East District, Delhi [hereafter 'Sessions Court'] in Crl. Revision No. 63/2018 as well as the summoning order dated 26.05.2018 passed by the learned MM, North-East District, Delhi [hereafter 'Magistrate'] in the complaint filed by the respondent no. 1-complainant i.e. CC No. 749/2018, for offence under Section 138 of the Negotiable Instruments Act, 1881 [hereafter 'NI Act'].
FACTUAL BACKGROUND
2. Brief facts of the case, as emerging from the complaint filed under Section 138 of the NI Act, are that the complainant, respondent no. 1 herein, Shashi Devi, had filed the complaint against accused no. 1 (r
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 regarding a director's role and responsibility are essential for vicarious liability under Section 141 of the N.I. Act; mere designation is insufficient.
The main legal point established in the judgment is the necessity of arraigning the company as an accused for maintaining the prosecution under Section 141 of the NI Act, and the requirement of speci....
Directors and company secretary can be held liable under Section 138 and 141 of the NI Act if they are responsible for the day-to-day affairs of the company or if their negligence, connivance, or con....
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....
(1) Dishonour of cheque – Offence by company – For fastening criminal liability, there is no legal requirement for complainant to show that accused partner of firm was aware about each and every tran....
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.
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
