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HC affirmed vicarious liability of company directors under Sections 138/141 of NI Act in cheque dishonor case. Directors challenged summoning orders claiming non-involvement in company's daily operations. Court held that while complainant must aver director's responsibility for company affairs, burden shifts to accused to prove non-involvement during trial. Court rejected premature quashing under Section 482 CrPC, noting disputed facts require trial determination. Mere documentary evidence presented insufficient to establish directors' non-involvement conclusively. Petition dismissed as complaint contained requisite elements to proceed against directors, maintaining presumption of vicarious liability pending full trial examination of factual defenses.
HC affirmed vicarious liability of company directors under Sections 138/141 of NI Act in cheque dishonor case. Directors challenged summoning orders claiming non-involvement in company's daily operations. Court held that while complainant must aver director's responsibility for company affairs, burden shifts to accused to prove non-involvement during trial. Court rejected premature quashing under Section 482 CrPC, noting disputed facts require trial determination. Mere documentary evidence presented insufficient to establish directors' non-involvement conclusively. Petition dismissed as complaint contained requisite elements to proceed against directors, maintaining presumption of vicarious liability pending full trial examination of factual defenses.
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