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    <title>2025 (9) TMI 325 - DELHI HIGH COURT</title>
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    <description>A private settlement does not extinguish a Section 138 Negotiable Instruments Act prosecution unless the compromise is placed before the court, shown to be voluntary and binding, and accepted in accordance with law; on the facts, no concluded settlement or compounding order was shown, so quashing on that basis was not justified. Vicarious liability under Section 141 applies where the complaint contains prima facie allegations that the accused was in charge of and responsible for the firm&#039;s business; a bare plea of being a sleeping partner, unsupported by material, does not defeat the prosecution at the quashing stage. The petition for quashing therefore failed.</description>
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      <link>https://www.taxtmi.com/caselaws?id=777836</link>
      <description>A private settlement does not extinguish a Section 138 Negotiable Instruments Act prosecution unless the compromise is placed before the court, shown to be voluntary and binding, and accepted in accordance with law; on the facts, no concluded settlement or compounding order was shown, so quashing on that basis was not justified. Vicarious liability under Section 141 applies where the complaint contains prima facie allegations that the accused was in charge of and responsible for the firm&#039;s business; a bare plea of being a sleeping partner, unsupported by material, does not defeat the prosecution at the quashing stage. The petition for quashing therefore failed.</description>
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