https://www.taxtmi.com/caselaws?id=196865 A complaint seeking vicarious liability under Section 141 of the Negotiable Instruments Act must specifically aver that the accused was, at the relevant time, in charge of and responsible for the conduct of the business; bare status as a partner or general allegations are insufficient, so proceedings under Section 138 and the summoning order were unsustainable against the petitioners. The text also states that Section 138 prosecutions are triable summarily under Section 143, so Section 245(2) of the Code of Criminal Procedure does not apply, and rejection of that application was upheld. On maintainability, the earlier withdrawal of a connected petition did not bar the present proceeding because it was already pending and the reliefs were not identical. en-us Thu, 09 Feb 2017 00:00:00 +0530 Mon, 18 Dec 2017 08:49:01 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=196865 A complaint seeking vicarious liability under Section 141 of the Negotiable Instruments Act must specifically aver that the accused was, at the relevant time, in charge of and responsible for the conduct of the business; bare status as a partner or general allegations are insufficient, so proceedings under Section 138 and the summoning order were unsustainable against the petitioners. The text also states that Section 138 prosecutions are triable summarily under Section 143, so Section 245(2) of the Code of Criminal Procedure does not apply, and rejection of that application was upheld. On maintainability, the earlier withdrawal of a connected petition did not bar the present proceeding because it was already pending and the reliefs were not identical. Case-Laws Indian Laws Thu, 09 Feb 2017 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=196865