Dishonor of cheque - vicarious liability of the Proprietor...

Dishonor of cheque - vicarious liability of the Proprietor Individual when proprietorship firm not sued - section 141 of NI Act - When the arraigning of the sole proprietary concern rather was a condition precedent for making the complaint well constituted, as it becomes the principal offender, and, with its remaining un-impleaded, as such, the absence of its impleadment cannot make the instant complaint to be well constituted, nor, any valid prosecution can in its absence, be drawn, even against the accused petitioner, who can be assigned only a vicarious liability alongwith it. - HC