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HC held that mere mention of a designated partner as key management personnel is insufficient to establish vicarious liability under Sections 138/141 of Negotiable Instruments Act. The complaint failed to demonstrate prima facie liability, particularly when the partner specifically denied involvement and LLP agreement clauses required explicit consent for financial transactions. The partner's email reply denying responsibility, submitted before complaint filing, further undermined allegations. Given inadequate statutory compliance and lack of substantive evidence, the criminal complaint against the petitioner was quashed under Section 482 Cr.P.C. Revision application allowed.
HC held that mere mention of a designated partner as key management personnel is insufficient to establish vicarious liability under Sections 138/141 of Negotiable Instruments Act. The complaint failed to demonstrate prima facie liability, particularly when the partner specifically denied involvement and LLP agreement clauses required explicit consent for financial transactions. The partner's email reply denying responsibility, submitted before complaint filing, further undermined allegations. Given inadequate statutory compliance and lack of substantive evidence, the criminal complaint against the petitioner was quashed under Section 482 Cr.P.C. Revision application allowed.
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