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    <title>2019 (4) TMI 1994 - Supreme Court</title>
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    <description>A complaint under Sections 138 and 141 of the Negotiable Instruments Act is maintainable against a partner where, on a holistic reading, it contains sufficient factual averments showing that the partner was in charge of and responsible for the firm&#039;s business at the time of the cheque dishonour. The complaint here pleaded the partnership structure, the accused&#039;s role in the transactions, the issuance and dishonour of cheques, part payment, and later assurances, which were held to go beyond a bare or mechanical allegation. The SC held these averments adequate to attract vicarious liability and ruled that the High Court should not have quashed the criminal proceedings.</description>
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      <title>2019 (4) TMI 1994 - Supreme Court</title>
      <link>https://www.taxtmi.com/caselaws?id=296704</link>
      <description>A complaint under Sections 138 and 141 of the Negotiable Instruments Act is maintainable against a partner where, on a holistic reading, it contains sufficient factual averments showing that the partner was in charge of and responsible for the firm&#039;s business at the time of the cheque dishonour. The complaint here pleaded the partnership structure, the accused&#039;s role in the transactions, the issuance and dishonour of cheques, part payment, and later assurances, which were held to go beyond a bare or mechanical allegation. The SC held these averments adequate to attract vicarious liability and ruled that the High Court should not have quashed the criminal proceedings.</description>
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