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    <title>2025 (4) TMI 506 - DELHI HIGH COURT</title>
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    <description>Vicarious liability under Section 141 of the Negotiable Instruments Act attaches only to a partner who was in charge of and responsible for the firm&#039;s business when the offence was committed. A petition under Section 482 CrPC can justify quashing only on unimpeachable, uncontroverted material showing that prosecution would be an abuse of process. The claimed retirement from the partnership, the amended deed, and the alleged notice to the complainant were disputed, and the cheque was alleged to have been issued in replacement of a security cheque given when the petitioner was admittedly a partner. The effect of retirement was therefore a defence issue requiring trial, so quashing at the threshold was not warranted.</description>
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      <title>2025 (4) TMI 506 - DELHI HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=768592</link>
      <description>Vicarious liability under Section 141 of the Negotiable Instruments Act attaches only to a partner who was in charge of and responsible for the firm&#039;s business when the offence was committed. A petition under Section 482 CrPC can justify quashing only on unimpeachable, uncontroverted material showing that prosecution would be an abuse of process. The claimed retirement from the partnership, the amended deed, and the alleged notice to the complainant were disputed, and the cheque was alleged to have been issued in replacement of a security cheque given when the petitioner was admittedly a partner. The effect of retirement was therefore a defence issue requiring trial, so quashing at the threshold was not warranted.</description>
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