Vicarious liability under cheque dishonour law requires specific averments showing control of the drawer company, not mere group association.

Vicarious liability under Section 141 of the Negotiable Instruments Act arises only where the complaint and supporting material show that the accused were in charge of and responsible for the drawer company's business, or that the offence occurred with their consent, connivance, or neglect. Mere association with the same business group, or assertions that one company was a branch or sales wing of another, is insufficient without specific foundational averments. On the facts described, the pleadings did not establish control or managerial responsibility over the drawer company, so summons against the respondents could not be sustained.

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Issues: Whether the complaint disclosed the ingredients of vicarious liability against respondents who were not shown to be directors or persons in charge of the drawer company, and whether the summons against them could be sustained under Section 141 of the Negotiable Instruments Act, 1881.

Analysis: Section 141 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 whose consent, connivance, or neglect led to the offence. The complaint and the material placed on record did not show that the respondents were directors or were in control of the drawer company; the allegations that they belonged to the same business group, or that the drawer company was a branch or sales wing of another company, were unsupported by sufficient material. A group structure does not, by itself, extend liability under Section 141 to sister or group companies. The complaint also lacked specific foundational averments necessary to fasten vicarious liability on the respondents.

Conclusion: The respondents could not be made vicariously liable for dishonour of the cheque, and the challenge to the order setting aside their summons failed.

Final Conclusion: The petition was rejected, and the impugned order quashing the summons against the respondents was left undisturbed.

Ratio Decidendi: Vicarious criminal liability under Section 141 of the Negotiable Instruments Act, 1881 cannot be extended to a separate group or sister company, or to individuals, unless the complaint contains specific averments and supporting material showing that they were in charge of and responsible for the drawer company's business, or that the offence was committed with their consent, connivance, or neglect.

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