Vicarious liability under Section 141 of the Negotiable...

Vicarious liability under Section 141 of the Negotiable Instruments Act requires person-specific foundational averments showing how an accused was in charge of and responsible for the conduct of the company or entity's affairs. A complaint cannot proceed on designation alone. The Court found sufficient prima facie material against respondents 1, 2 and 4 because the complaint and documents linked them to the underlying borrowing and execution of the MoU, cheque and promissory notes, justifying continuation of prosecution. As to respondent 3, only a general assertion based on his status as Executive Member was made, with no specific factual nexus to the dishonoured cheque transaction, so quashing was upheld for him.

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