Supreme Court · 2022 INSC 539 · Decided 9 May 2022
Dilip Hariramani v. Bank of Baroda
- Court
- Supreme Court of India
- Citation
- 2022 INSC 539 · [2022] 4 S.C.R. 615
- Case number
- CRIMINAL APPEAL No. 767/2022
- Decided
- 9 May 2022
- Bench
- AJAY RASTOGI, SANJIV KHANNA (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- Contract Act; NI Act Section 138, 141; SARFAESI Act
Headnote
Negotiable Instruments Act, 1881: s. 138 r/w s.141 - Dishonour of cheque - Vicarious liability of partner - On facts, cheque issued by authorised signatory of the partnership firm to the Bankfor part payment of loan - Dishonour of cheque due to insufficient funds - - Firm not made an accused - Conviction by trail court and High Court - On appeal, held : s. 141 impose vicarious liability by deeming fiction which presupposes and requires the commission of the offence by the company or firm as a principal accused, to make them liable and
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