Vicarious liability under the Negotiable Instruments Act requires foundational allegations that the partner was in charge of the firm's business.

Vicarious liability under Section 141 of the Negotiable Instruments Act arises only where the complaint and supporting material disclose that the person sought to be proceeded against was in charge of and responsible for the conduct of the firm's business, or otherwise falls within the statutory basis of consent, connivance, or neglect. In the absence of such foundational averments and material, a Magistrate has no basis to summon that person for an offence under Section 138. The summoning order was quashed for want of material showing the petitioner's liability, though fresh action remained open if later evidence justified it.

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Issues: Whether a partner of a firm could be summoned for an offence under the Negotiable Instruments Act in the absence of allegations and material showing that she was in charge of and responsible for the conduct of the firm's business.

Analysis: Section 141 of the Negotiable Instruments Act creates vicarious liability only for persons who, at the time of the offence, were in charge of and responsible for the conduct of the business of the company or firm, or whose consent, connivance, or neglect is shown. The complaint and the pre-summoning evidence contained no allegation that the petitioner was so or in charge of the firm's affairs. In the absence of such foundational averments and supporting material, the Magistrate had no basis to summon her for the offence under Section 138 of the Act.

Conclusion: The summoning order was quashed for want of material showing the petitioner's vicarious liability.

Final Conclusion: Criminal proceedings against the petitioner could not be sustained on the existing complaint and evidence, though the Magistrate was left free to proceed afresh if evidence later justified such action.

Ratio Decidendi: A person cannot be summoned for an offence by a firm under Section 141 of the Negotiable Instruments Act unless the complaint and supporting material disclose that she was in charge of and responsible for the conduct of the firm's business, or otherwise falls within the statutory basis for vicarious liability.

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