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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
DEEPAK GUPTA
Amal datt kumar dhru – Appellant
Versus
Capri Global Capital Ltd. – Respondent
JUDGMENT :
Deepak Gupta, J.
This order shall dispose of six petitions titled above, as of them have arisen out of the similar summoning orders passed in the three criminal complaints between same parties in respect of 3 cheques issued in same transaction.2.1 Complainant- M/S Capri Global Capital Ltd. (respondent No.l herein in all the petitions)', and accused, who include the petitioners and respondents No.2 & 3, are common in the three criminal complaints pending in the Court of Id. Judicial Magistrate, 1st Class, Gurugram.
2.2 Perusal of the paperbook of all the petitions would reveal that as per complainant-M/S Capri Global Capital Ltd., a company engaged in the business of finance and home loan etc., it advanced loan of Rs. 4.3 crore to the accused. In order to discharge their part liability, the accused issued three cheques of ?50 Lacs each, all of which on presentation, were dishonoured. Necessary statutory notices were sent to the accused to pay the cheque amount within 15 days from the date of receipt of the notice but to no avail, compelling the complainant to file the three complaints to prosecute the accused under Section 138 read with Section 141 of the Negotiable Instrume
Merely holding the designation of director does not establish liability under the Negotiable Instruments Act; specific allegations of involvement and responsibility in the company's affairs at the ti....
Non-executive directors cannot be held liable under the Negotiable Instruments Act without specific allegations of their involvement; general averments are insufficient to summon them for proceeding.
The main legal point established in the judgment is that the role of each accused in the commission of the offence can only be determined during the trial and cannot be examined in detail by the cour....
Vicarious liability of company directors under Section 141 of the NI Act is established if directors were in charge of the business, regardless of the signatory's involvement and claims of internal f....
Vicarious liability of Director of a company it must be pleaded and shown that the Director was responsible for the conduct of the business of the company at the time of commission of offence. Only b....
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.
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