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2018 (2) TMI 2039 - HC - Indian LawsDishonor of cheque - Section 138 of the Negotiable Instruments Act, 1881 - vicarious liability under Section 141 of Negotiable Instruments Act - HELD THAT:- A perusal of Section 141 of NI Act makes it clear that if the person committing the offence under section 138 is a company /firm then every person who, at the time the offence was committed, was in charge of and was responsible to the company for the conduct of the business of the company, shall be liable to be proceeded against and punished besides the company/firm. Obviously, to attract the provisions of Section 141 of the Act averments have to be made in the complaint against such accused that he/she was incharge or responsible for the business affairs of the firm/company or that offence was committed with his consent, connivance or negligence. In this case, specific averments have been made against the petitioners which meet the statutory requirement of Section 141 of the N.I. Act. The pleas taken by the petitioner that they were neither incharge of the firm nor responsible for managing the day-to-day affairs of the firm, are subject matter of trial. Accordingly, both the petitions are dismissed with costs of ₹ 25,000/- to be paid by each of the petitioners to the complainant. Costs be recovered by the trial court and made over to the complainant. The applications are disposed of as infructuous.
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