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ANISH KUMAR GUPTA
Kishore Shankar Signapurkar – Appellant
Versus
State Of U. P. – Respondent
JUDGMENT :
Anish Kumar Gupta, J.
1. Heard Sri Santosh Yadav, learned counsel for the applicant, Sri Prateek Dwivedi, learned counsel appearing on behalf of opposite party No.2 and Sri Prem Prakash Tiwari, learned AGA for the State.
2. The instant application under Section 482 Cr.P.C. No. 4898 of 2019 has been filed seeking quashing of summoning order dated 31.10.2015 as well as the entire criminal proceedings in Case No. 1723 of 2015 (M/s Indcoat Shoe Component Ltd. vs. M/s Signapurkar's Leather House Pvt. Ltd. and Others) under Section 138 of the Negotiable Instruments Act, 1881 (in short, 'the N.I. Act'), Police Station-Kakadev, District-Kanpur Nagar, pending before the Metropolitan Magistrate-III, District-Kanpur Nagar, the instant application under Section 482 Cr.P.C. No. 4924 of 2019 has been filed seeking quashing of summoning order dated 04.12.2015 as well as the entire criminal proceedings in Case No. 2342 of 2015 (M/s Indcoat Shoe Component Ltd. vs. M/s Signapurkar's Leather House Pvt. Ltd. and Others) under Section 138 of the N.I. Act, Police Station-Kakadev, District-Kanpur Nagar, pending before the Metropolitan Magistrate-III, District-Kanpur Nagar, the instant application
The company must be summoned as an accused in Section 138 N.I. Act cases for proceedings against its Directors to be valid.
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....
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.
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....
For maintaining a prosecution under Section 138 of the Negotiable Instruments Act, arraigning of the company as an accused is imperative. The person in charge of the company cannot be held liable if ....
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....
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.
Prosecution of company is mandatory condition precedent under Section 141 NI Act for vicarious liability of directors; complaints against directors quashed without impleading company.
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