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G. CHANDRASEKHARAN
S. Nagarajan, Managing Director, Adgear Media Private Limited – Appellant
Versus
Mathrubhumi Printing and Publishing Company Limited, represented by its Authorized representative/signatory, Mr. Sunil Ramachandran – Respondent
ORDER :
(Prayer: Criminal Original Petition filed under Section 482 Cr.P.C. praying to quash the criminal proceedings against the petitioner/3rd accused in C.C.No.787/2019, pending on the file of Fast Track III, Metropolitan Magistrate, Saidapet, Chennai - 600015.)
This Criminal Original Petition has been filed to quash the criminal proceedings against the petitioner/3rd accused in C.C.No.787 of 2019, pending on the file of the Fast Track III, Metropolitan Magistrate, Saidapet, Chennai - 600015.
2. Respondent filed a case under section 138 of Negotiable Instruments Act against the petitioner and two others for dishonour of cheques. The case of the respondent is that respondent is doing the business of printing and publishing newspapers, periodicals, FM radio stations, Mathrubhumi News Channel, Kappa TV, digital business etc. Claiming that the petitioner as the Managing Director of the first accused Adgear Media Private Limited and one S.Krishnan as Chairman, respondent stated that the accused approached the respondent/complainant and placed order for the publication of advertisements in their newspapers. For the said transaction, they are liable to pay a sum of Rs.93,98,838.95. The a
The legal principle established is that a director's liability under Section 138 of the Negotiable Instruments Act is contingent upon being in charge of and responsible for the conduct of the company....
Specific averments regarding the accused's role in the company are necessary in a complaint under Section 138 of the Negotiable Instruments Act, and a director cannot be held liable under Section 141....
An individual in a company cannot be vicariously liable for criminal offenses under the NI Act unless they are responsible for the company's conduct at the time of the offense.
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....
Liability of directors under Section 138 of the Negotiable Instruments Act depends on their active role and responsibility for the company's business conduct, not merely their directorship.
Specific averments are necessary to establish the liability of a Director under Section 141 of the Negotiable Instruments Act; mere designation is insufficient.
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