Cheque Dishonour under S.138 of Negotiable Instruments Act, 1881 and Vicarious Liability

Cheque Dishonour under S.138 of Negotiable Instruments Act, 1881 and Vicarious Liability 

Section 138 - Vicarious liability - "In order to make a person vicariously liable for an offence committed by company under Section 138 of the NI Act, the first and foremost pre-condition is that the said person should either be a signatory of the cheque or should be holding a position in the company and should also be responsible for the conduct of the business of the company while holding such designation. The complainant also has to plead the exact role and the manner by which the said person is alleged to be responsible for the commission of the alleged offence." - Ridhima Jain v. Interarch Building Products Pvt Ltd [2023] GCtR 2513 (Delhi)