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The HC dismissed the petition challenging criminal proceedings under the NI Act while holding that non-impleadment of the firm was a curable defect and not a jurisdictional bar to prosecution. The court ruled that vicarious liability requires the company/firm to be arraigned as principal accused but permitted the complainant to apply to amend the complaint and memo of parties to implead necessary parties. The HC noted procedural delays in service and execution of process attributable to the complainant, directed equitable compensation to the accused for such delay, and stayed no further relief; the petition was dismissed.
The HC dismissed the petition challenging criminal proceedings under the NI Act while holding that non-impleadment of the firm was a curable defect and not a jurisdictional bar to prosecution. The court ruled that vicarious liability requires the company/firm to be arraigned as principal accused but permitted the complainant to apply to amend the complaint and memo of parties to implead necessary parties. The HC noted procedural delays in service and execution of process attributable to the complainant, directed equitable compensation to the accused for such delay, and stayed no further relief; the petition was dismissed.
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