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SADHNA RANI ( THAKUR )
Prashant Tyagi – Appellant
Versus
State of U. P. – Respondent
| Table of Content |
|---|
| 1. application to quash summoning order. (Para 2 , 3 , 4) |
| 2. details of the complaint and prior orders. (Para 5 , 6) |
| 3. counter-affidavit asserting liability of applicants. (Para 7 , 8) |
| 4. arguments regarding knowledge and responsibility. (Para 10 , 11 , 12 , 19) |
| 5. judicial analysis of corporate liability. (Para 13 , 14 , 18 , 20) |
| 6. court's decision on summoning order. (Para 22 , 24) |
JUDGMENT
Mrs. Sadhna Rani (Thakur), J.
Heard learned counsel for the applicants, learned counsel for opposite party no.2 and perused the record.
2. By moving this application under Section 482 Cr.P.C., the prayer is made to quash summoning order dated 25.11.2016 passed by the Upper Nyayalaya Pratham, Ghaziabad in C.C. No.71/2016 under Section 138 Negotiable Instruments Act and also to set aside order dated 22.02.2018 passed by the Additional Session Judge, Court No.15, Ghaziabad in Criminal Revision No.30 of 2017.
3. As per facts of the case, a complaint was filed by opposite party no.2 on 13.10.2016 against the applicants and six other persons with the version that opposite party no.2 was a limited Company registered under Companies Act and Vijay Kumar son of late Sri Satpal was authorized
Point of Law : On face of the record, participation of applicants is not found in the day to day functioning of Company, hence, on basis of the version that defence would be seen at the time of evide....
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....
The company must be summoned as an accused in Section 138 N.I. Act cases for proceedings against its Directors to be valid.
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....
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 ....
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....
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....
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