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2020 (1) TMI 340 - HC - Indian LawsDishonor of Cheque - offence punishable under Section 138 of the Negotiable Instruments Act, 1881 - vicarious liability on the petitioner or not - HELD THAT:- The petitioner being an Independent and a Non-Executive Director, in the absence of any specific role attributed against the petitioner for his active participation in the day to day affairs of the company and of taking all decisions of the company, where the petitioner was not a signatory to the cheques in question, vicarious liability cannot be fastened on the petitioner in the absence of any specific role attributed to him, in as much as, the contentions that have been sought to be raised during the course of the arguments and in the affidavit in reply to the petition on behalf of the respondent in relation to the petitioner being in a Key Managerial Person and the petitioner having participated in 100% all the meetings of the accused company, are not spelt out in the complaint that had been filed by the respondent. Taking into account also the factum that even if the petitioner was a Key Managerial Person of the accused No.1 company as per the reply affidavit of the respondent as filed on 08.07.2007, he was so for the period from 01.04.2015 to 31.03.2016 and the date of the drawing of the cheques in question are 07.06.2019 - In view thereof, the impugned order dated 20.02.2017 of the Trial Court of the learned MM-01, New Delhi to the extent that summons are issued to the petitioner for an alleged commission of an offence punishable under Section 138 of the Negotiable Instruments Act, 1881 is thus, quashed. Petition allowed.
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