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Head Note

The Code of Criminal Procedure, 1973  - Section 482 , The Negotiable Instruments Act, 1881  - Section 138 , Section 141

Dishonour of Cheque - Offence by Company - Liability of Director - Vicarious liability - Cognizance of offence - Putting the criminal law into motion is not a matter of course - To settle the scores between the parties which are more in the nature of a civil dispute, the parties cannot be permitted to put the criminal law into motion and Courts cannot be a mere spectator to it - Before a Magistrate taking cognizance of an offence under Section 138/141 of the N.I. Act, making a person vicariously liable has to ensure strict compliance of the statutory requirements - Petition resigned as director much before the offence was committed by Company - The case held to be a fit case for quashing the complaint - Impugned judgment passed by the High Court liable to be set aside and the criminal proceedings pending against the appellant before the Trial Court liable to be quashed.

Topic(s)-Complaint - Dishonour of Cheque - Vicarious liability - Quashed