Indian Penal Code, 1860, Section 420, 406, 120B, Criminal Procedure Code, 1973, Section 482 -- Cheating - Quashing of proceedings - Non-payment of entire invoice amount by accused/company as agreed between parties - Petitioner contended that he ceased to be Director of company on the relevant time thus, no liability arose when he was a Director of Company - Contention..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Quashing of proceedings - Vicarious liability - Plea that petitioners are not responsible or that they were not in charge of affairs of the company - However, complaint mentions details attributing sufficient role to the accused - Debatable issues raised by petitioners can only be tested during..........
Indian Penal Code, 1860, Section 336 -- Offence u/ss 336 IPC - Vicarious liability - Director of a company cannot be vicariously liable for the act of pharmacist who sold expired drug or even the doctor who preparing for administering the vaccination...........
Indian Penal Code, 1860, Section 336 -- Offence u/ss 336 IPC - Vicarious liability - Neither in investigation nor in evidence of complainant it has come on record that Hospital or its directors were involved in larger conspiracy or that they committed the offence with requisite mens rea required for offence alleged - Impugned order of summoning and proceedings pursuant..........
Negotiable Instruments Act, 1881, Section 138, 141, 142 -- Dishonour of cheque - Vicarious liability - Complaint u/s 138 of the Act - Offence by company - Delay of 3 years in filing of complaint - Cheque was signed and issued by Director of company - No explanation for delay in filing of complaint u/s 138 of the Act - Complaint dismissed...........
Negotiable Instruments Act, 1881, Section 138, 141, 142 -- Dishonour of cheque - Vicarious liability - Complaint u/s 138 of the Act - Offence by company - Every person signing cheque on behalf of company on whose account cheque is drawn - Does not become drawer of cheque - Moreover, such signatory is only a person duly authorised to sign cheque on behalf of company/drawer..........
Negotiable Instruments Act, 1881, Section 138, 141(2), Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Offence by company - Cheques signed by petitioner/Director on behalf of company - No vicarious liability can arise against Director in absence of Company being arrayed as an accused - Complaint against petitioner/director not maintainable - Proceedings..........
Indian Penal Code, 1860, Section 420, 406, 120B -- Cheating - Civil dispute - Agreement regarding supply of goods with company - Company not made a party in complaint - Vicarious liability mentioned in criminal proceeding - Without making company as party, complaint is defective...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by company - Vicarious liability - If no offence is made out against accused/drawer company, then question of convicting individual directors and officials of that company on basis of vicarious liability u/s 141 of the Act does not arise...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by Company - Vicarious liability - Company officials concerned can be arrayed as accused in a complaint only if such person was in charge of and responsible for conduct of business of company at the time of offence was committed...........
