Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Negotiable Instruments Act 1881: s. 138 r/w s.141 – |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 Referred Case 6 Referred Case 7 Referred Case 8 Referred Case 9 Referred Case 10 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Negotiable Instruments Act, 1881: s. 138 r/w s.141 – Dishonour of cheque – Vicarious liability of partner – On facts, cheque issued by authorised signatory of the partnership firm to the Bank for part payment of loan - Dishonour of cheque due to insufficient funds – Complaint u/s. 138 r/w 141 against appellant and other, being partner of firm – Firm not made an accused – Conviction by trail court and High Court – On appeal, held : s. 141 impose vicarious liability by deeming fiction which presupposes and requires the commission of the offence by the company or firm as a principal accused, to make them liable and convicted as vicariously liable – Appellant did not issue any cheque, which had been dishonoured, in his personal capacity or otherwise as a partner – In the absence of any evidence led by the prosecution to show and establish that the appellant was in charge of and responsible for the conduct of the affairs of the firm, the conviction of the appellant has to be set aside – Appellant cannot be convicted merely because he was a partner of the firm which had taken the loan or that he stood as a guarantor for such a loan – Thus, the appellant’s conviction u/s. 138 r/w 141 set aside. |
Judge | Hon'ble Mr. Justice Sanjiv Khanna |
Neutral Citation | 2022 INSC 539 |
Petitioner | Dilip Hariramani |
Respondent | Bank Of Baroda |
SCR | [2022] 4 S.C.R. 615 |
Judgement Date | 2022-05-09 |
Case Number | 767 |
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