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R. N. MANJULA
K. A. Naushad – Appellant
Versus
Liya Creation, Rep. by Mr. Raj P. Jain, Proprietor – Respondent
ORDER :
[Prayer:- This Criminal Original Petition filed under Section 482 of Cr.P.C., praying to call for records relating to C.C.No.875/2021 pending on the file of learned Metropolitan Magistrate (FTC-I) Allikulam, Egmore and quash the same.
Prayer:- This Criminal Original Petition filed under Section 482 of Cr.P.C., praying to call for records relating to C.C.No.1093 of 2021 pending on the file of learned FTC-I Metropolitan Magistrate Allikulam, Egmore and quash the same.]
These Criminal Original Petitions have been filed to quash the proceedings in C.C.Nos.875 & 1093 of 2021 on the file of the learned Metropolitan Magistrate (FTC-I,), Allikulam, Egmore.
2. The petitioners are arrayed as accused 1 and 2 in C.C.Nos.875 &1093 of 2021 on the file of the learned Metropolitan Magistrate (FTC-I) Allikulam, Egmore. The respondent has preferred a complaint against the petitioners/A1 and A2 and others for the offence under Section 138 of the Negotiable Instruments Act-1881. The 4th accused is a firm namely M/s.Kans Wedding Centre and it was the customer of M/S.Liya Creation, who is the complainant herein. The complainant has supplied materials on credit basis and for which the 4th accused fir
The main legal point established in the judgment is that partners of a firm can be held vicariously liable for the dishonour of a cheque if they are actively involved in the day-to-day business of th....
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....
Directors or partners cannot be accused under Section 138 of the Negotiable Instruments Act, 1881 without specific allegations of their involvement in the day-to-day affairs of the company or firm.
Partners of a partnership firm face joint and several liability for dishonored cheques under Section 138 of the Negotiable Instruments Act, 1881, and cannot claim the same vicarious liability protect....
Negotiable instruments – Quash of criminal proceedings against one of the Director - petitioner was only a partner of the firm which has issued the cheque and she was not responsible for the conduct ....
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.
Complaint under S.138/141 NI Act quashed for failure to implead/notice partnership firm and partners.
Partners can be held vicariously liable for dishonoured cheques issued by the firm, but liability must be established based on specific involvement in the transaction.
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