9911796707
|
Home
Issues:
Challenge to quash Summary Criminal Case No. 72/2005 under Section 482 of the Code of Criminal Procedure read with Articles 226 and 227 of the Constitution of India. Analysis: The judgment revolves around the challenge to quash a criminal case under Section 138 of the Negotiable Instruments Act. The complaint alleged that the accused issued a dishonored cheque, leading to legal proceedings. The applicants contended that the complaint lacked specific averments attributing responsibility to them for the firm's conduct, as required under Section 141 of the Act. The complainant argued that the pleadings were sufficient to establish liability under Section 138 and that the accused must prove lack of knowledge or due diligence during trial. The court emphasized that vicarious liability against partners requires clear and unambiguous allegations in the complaint. Mere association with the firm is insufficient; partners must have been in charge and responsible for the firm's business at the time of the offense. Vague assertions about a partner signing a cheque on behalf of all partners are inadequate to establish liability. Each partner's role must be explicitly stated in the complaint for prosecution to proceed lawfully. Citing relevant case law, the court highlighted that complaints must specifically detail the accused partners' involvement in the offense. In the absence of such particulars, prosecution against all partners without individualized accusations is impermissible. The court concluded that the complaint in question failed to meet the legal threshold for establishing an offense under Section 138 read with Section 141 of the Negotiable Instruments Act against the applicants. Ultimately, the court set aside the revisional court's order and quashed Summary Criminal Case No. 72/2005 pending before the Judicial Magistrate, First Class, Achalpur. The judgment underscores the importance of precise allegations in complaints to establish vicarious liability and ensure fair legal proceedings.
|
