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2022 (3) TMI 924 - HC - Indian LawsDishonor of Cheque - vicarious liability or not - justifiable grounds to invoke the power granted under Section 482 of Code of Criminal Procedure or not - only contention of the petitioners is that as they have not issued the alleged cheques, they cannot be held liable vicariously - Section 141 of the N.I. Act - HELD THAT:- Every person responsible for the conduct of business of the company as well as the company shall be deemed to be guilty of the offence punishable under Section 138 of N.I.Act, unless it is proved that the offence was committed without the knowledge of the said person or that he had exercised all due diligence for preventing the commission of such offence. In the case on hand, petitioners are not disputing their association with the firm. Whether they were performing duties and were managing the affairs of the firm during the relevant time cannot be discussed and decided by this Court. Furthermore, the power granted under Section 482 Cr.P.C., to quash the proceedings is very limited i.e., to say that the said power cannot be exercised except to make necessary order to give effect to an order under the Code of Criminal Procedure or to prevent abuse of the process of any Court or otherwise to secure the ends of justice - The petitioners in the case on hand have not made out such circumstances to exercise the said special power, which should be sparingly and cautiously exercised. The Criminal Petition is dismissed.
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