Vicarious criminal liability of bank officials requires specific allegations; summons was quashed where the dispute was civil.

Vicarious criminal liability cannot be presumed from the office held by a bank official; it arises only where a statute expressly provides for it or where specific acts with criminal intent are alleged against the individual. A Magistrate must apply judicial mind before issuing summons and ensure that the complaint discloses the basic ingredients of the offences and a prima facie basis for personal liability. As the complaint failed to lay that foundation and the dispute was essentially civil, the complaint and summoning order were quashed.

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Issues: Whether the complaint and the order issuing summons could be quashed where the allegations against the bank officials did not disclose personal criminal liability and the dispute was essentially civil in nature.

Analysis: Criminal liability of a Chairman, Managing Director, or other office-bearer of a company or bank cannot be fastened merely because of their position. Vicarious liability in criminal law arises only where the statute expressly so provides or where specific acts, coupled with criminal intent, are attributed to the individual. The power to issue summons is a serious judicial function, and the Magistrate must apply mind to whether the complaint, taken at face value, discloses the basic ingredients of the alleged offences and whether the accused is actually required to face trial. On the facts, the complaint did not lay the requisite foundation for personal criminal liability against the petitioners, and the controversy was treated as a civil dispute.

Conclusion: The complaint and the summoning order were not sustainable, and the proceedings against the petitioners were quashed.

Ratio Decidendi: Vicarious criminal liability cannot be presumed from office alone and summons may issue only when the complaint discloses, on a proper application of mind, a prima facie offence and the statutory or factual basis for personal liability.

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