K. MURALI SHANKAR
M. Buvaneswari – Appellant
Versus
K. Rajamani – Respondent
JUDGMENT
(Common Prayer: Criminal Original Petitions have been filed under Section 482 Cr.P.C, to call for the records pertaining in S.T.C.Nos.274 of 2018, 1168 of 2017 and 1580 of 2017 respectively filed by the respondent herein before the learned Judicial Magistrate, Tiruchendur and quash the same in respect to the petitioner herein.)
For Petitioner
Common Order
1. These Criminal Original Petitions have been filed, invoking Section 482 Cr.P.C., seeking orders to call for the records pertaining to the cases in S.T.C.Nos.274 of 2018, 1168 of 2017 and 1580 of 2017, pending on the file of the Judicial Magistrate, Tiruchendur and quash the same as against the petitioner.
2. The petitioner is the third accused in all the three S.T.C., cases pending on the file of the Judicial Magistrate Court, Tiruchendur. The respondent in these Criminal Original Petitions has filed private complaints under Section 200 Cr.P.C., against three persons including the petitioner for the alleged offence under Section 138 r/w 142 of the Negotiable Instruments Act.
3. The case of the complainant is that the first accused is a partnership firm, that the accused 2 and 3 are its partners, that there existed good relat
Vicarious liability under Section 141 of the Negotiable Instruments Act requires the accused to be in overall control of the firm's business, and prosecution under Section 138 is limited to the drawe....
Vicarious liability under Section 141 of the Negotiable Instruments Act can only be imposed when the partner is in overall control of the day-to-day business of the firm, and the drawer of the cheque....
Clear and specific averments are necessary in criminal complaints under N.I. Act to hold individuals vicariously liable; mere association with a firm or vague allegations are insufficient.
Prosecution against a partner of a partnership firm under Section 138 of the N.I. Act is not maintainable without including the firm as an accused, affirming the principle of vicarious liability.
There is a presumption under Section 139 of the N.I.Act that there exists a legally enforceable debt or liability.
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