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SANJAY DWIVEDI
Som Distilleries And Breweries Limited – Appellant
Versus
Madhya Pradesh State Industrial Development Corporation – Respondent
ORDER
1. This is an amalgam of seven congruent petitions filed under Section 482 of the Code of Criminal Procedure for seeking quashment of the complaint cases filed by the respondent against the petitioners under Sections 138, 141 and 142 of the Negotiable Instruments Act, 1881 (amended as Act of 1988) pending in the Court of Additional Chief Judicial Magistrate, Bhopal.
2. These batch of petitions are analogously decided as the issue involved therein is identical in nature and the petitions are between the indifferent parties. For the sake of convenience, the facts of M.Cr.C.55265/2021 are taken note of.
3. The facts encapsulated are that for providing financial assistance in the form of Inter Corporate Deposit ('ICD'), the respondent sanctioned and disbursed a sum of Rs.1 Crore to the petitioners (for brevity 'SDBL') by fixing a due date for repayment as 21.03.2001. Again, an amount of Rs.2 Crore was sanctioned and disbursed to SDBL by way of ICD fixing the due date of repayment as 06.02.2002. Thereafter, by way of third ICD, a sum of Rs.1 Crore was sanctioned and disbursed in favour of SDBL fixing a date of repayment as 13.08.2002 and finally by way of fourth ICD, a sum of Rs.3 C
Specific averments are necessary to establish the liability of a Director under Section 141 of the Negotiable Instruments Act; mere designation is insufficient.
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.
Directors can only be held vicariously liable under Section 141 of the Negotiable Instruments Act if specific averments are made in the complaint regarding their responsibility for the company's cond....
The main legal point established in the judgment is the necessity of specific averments in the complaint to fulfill the requirements of Section 141 of the Negotiable Instruments Act and the vicarious....
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.
The main legal point established in the judgment is the requirement for specific averments and unimpeachable evidence to establish vicarious liability of directors in cases of cheque bounce under Sec....
(1) Dishonour of cheque – Offence by company – For fastening criminal liability, there is no legal requirement for complainant to show that accused partner of firm was aware about each and every tran....
(1) Dishonour of cheque – Impleadment of all Directors of Accused Company on the basis of a statement that they are in charge of and responsible for conduct of business of company, without anything m....
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