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W. DIENGDOH
Sarita Harish Kanchan – Appellant
Versus
Miss Riya Bawri – Respondent
| Table of Content |
|---|
| 1. filing of criminal complaints under n.i. act. (Para 1 , 2) |
| 2. quashing related identical petitions. (Para 4 , 5) |
| 3. petitioner argues non-involvement in the firm. (Para 6 , 7) |
| 4. absence of evidence for alleged crimes against the petitioner. (Para 8 , 9 , 10) |
| 5. vagueness in allegations and need for specificity. (Para 11 , 12) |
| 6. guidelines on quashing petitions under section 482 cr.p.c. (Para 13 , 14) |
| 7. claims of retirement and lack of responsibility. (Para 16 , 18) |
| 8. responsibility under the n.i. act and vicarious liability considerations. (Para 19 , 20 , 21) |
| 9. counterarguments by the respondent with case law. (Para 23 , 24) |
| 10. presence of prima facie case in the context of inherent powers. (Para 32 , 34 , 35) |
| 11. quashing of related complaints against the petitioners. (Para 36 , 54 , 55) |
JUDGMENT
1. Several criminal complaint petitions identical and similar in nature were filed before the Court of the learned Additional Deputy Commissioner (Judicial) at Shillong. The complainant in all the said complaint petitions is the respondent No. 1 herein. Again, in all the complaint petitions the same set of accused persons were arrayed viz;
i) M/s Twelve Baskets (Registered Fir
Clear and specific averments are necessary in criminal complaints under N.I. Act to hold individuals vicariously liable; mere association with a firm or vague allegations are insufficient.
(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....
Partners of a firm are jointly and severally liable for cheque dishonor under the Negotiable Instruments Act, irrespective of whether a partner has formally resigned, as long as they were part of the....
Prosecution against a partner of a partnership firm under Section 138 of the N.I. Act is not maintainable without including the firm as an accused, affirming the principle of vicarious liability.
Partners in a partnership firm are jointly and severally liable under the Negotiable Instruments Act for dishonoured cheques, and mere designation does not incur liability without stated managerial i....
Partners in a partnership can be held jointly and severally liable for business transactions; mere association does not imply vicarious liability without specific allegations.
Specific averments are necessary to establish the liability of a Director under Section 141 of the Negotiable Instruments Act; mere designation is insufficient.
Directors cannot be prosecuted under Section 138 of the NI Act without the company being joined as an accused, as vicarious liability requires the company to be a party to the proceedings.
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