Cruelty Need Not Be Physical: Mental Agony and Emotional Distress Are Sufficient Grounds for Divorce: Supreme Court Section 195 Cr.P.C. | Tribunals Are Not Courts: Private Complaints for Offences Like False Evidence Valid: Supreme Court Limitation | Right to Appeal Is Fundamental, Especially When Liberty Is at Stake: Supreme Court Condones 1637-Day Delay FIR Quashed | No Mens Rea, No Crime: Supreme Court Emphasizes Protection of Public Servants Acting in Good Faith Trademark | Passing Off Rights Trump Registration Rights: Delhi High Court A Minor Procedural Delay Should Not Disqualify Advances as Export Credit When Exports Are Fulfilled on Time: Bombay HC Preventive Detention Must Be Based on Relevant and Proximate Material: J&K High Court Terrorism Stems From Hateful Thoughts, Not Physical Abilities: Madhya Pradesh High Court Denies Bail of Alleged ISIS Conspiracy Forwarding Offensive Content Equals Liability: Madras High Court Upholds Conviction for Derogatory Social Media Post Against Women Journalists Investigation by Trap Leader Prejudiced the Case: Rajasthan High Court Quashes Conviction in PC Case VAT | Notice Issued Beyond Limitation Period Cannot Reopen Assessment: Kerala High Court Absence of Receipts No Barrier to Justice: Madras High Court Orders Theft Complaint Referral Under Section 156(3) Cr.P.C Rajasthan High Court Emphasizes Rehabilitation, Grants Probation to 67-Year-Old Convicted of Kidnapping" P&H High Court Dismisses Contempt Petition Against Advocate Renuka Chopra: “A Frustrated Outburst Amid Systemic Challenges” Kerala High Court Criticizes Irregularities in Sabarimala Melsanthi Selection, Orders Compliance with Guidelines Non-Payment of Rent Does Not Constitute Criminal Breach of Trust: Calcutta High Court Administrative Orders Cannot Override Terminated Contracts: Rajasthan High Court Affirms in Landmark Decision Minimum Wage Claims Must Be Resolved by Designated Authorities Under the Minimum Wages Act, Not the Labour Court: Punjab and Haryana High Court Madras High Court Confirms Equal Coparcenary Rights for Daughters, Emphasizes Ancestral Property Rights Home Station Preferences Upheld in Transfer Case: Kerala High Court Overrules Tribunal on Teachers' Transfer Policy Failure to Formally Request Cross-Examination Does Not Invalidate Assessment Order: Calcutta High Court

Need for Specific Allegations for Vicarious Liability U/S 138 N.I.Act: High Court of Delhi Acquits ‘Agent’ in Cheque Bounce Case

07 May 2024 8:19 AM

By: Admin


In a significant judgement, the High Court of Delhi, led by Hon’ble Mr. Justice Navin Chawla, has quashed criminal proceedings against Pravin Jain, an agent, in a cheque bounce case, underscoring the importance of specific allegations to establish vicarious liability.

This ruling pertains to the petitions filed under Article 227 of the Constitution of India and Section 482 of the Code of Criminal Procedure (CrPC) for quashing of criminal proceedings in complaints under Section 138 of the Negotiable Instruments Act, 1881.

Factual Background: The petitioner, Pravin Jain, was accused as an agent in two criminal complaints for dishonored cheques issued by a firm. The complaints were initially filed in Ahmedabad and later transferred to New Delhi. The primary allegation was that Jain acted as an agent without any specific involvement in the issuance of the cheques or in the firm’s management.

Role Clarity: The court observed that mere labeling as an ‘agent’ does not establish criminal liability. Specific roles and responsibilities must be proven.

Precedents and Principles: Referring to the Supreme Court judgement in Siby Thomas v. Somany Ceramics Ltd., the court emphasized the necessity of clear allegations in a complaint to establish vicarious liability under Section 141 of the Negotiable Instruments Act.

Lack of Specific Allegations: The complaints lacked specific accusations against Jain concerning his role in the conduct of the firm’s business at the time of the offense.

Judgement: The proceedings against Pravin Jain were quashed, with the court finding insufficient grounds to proceed under Section 138 of the Negotiable Instruments Act. The case will continue against the remaining accused.

Date of Decision: February 13, 2024

Pravin Jain vs. Alps Industries Limited

Similar News