Section 138 of Negotiable Instruments Act, 1881 and Determination of Corporate Criminal Liability

Section 138 of Negotiable Instruments Act, 1881 and Determination of Corporate Criminal Liability 

Section 138 - Petition filed by accused for quashing was dismissed - Held, "under Sections 138 and 141, as far as an officer of an accused company is concerned who is not a signatory of the cheque, specific averments must be made in the complaint itself highlighting the role of the said officer as to how he was either responsible for day-to-day affairs and conduct of business of the company or as to how and in what manner the officer was guilty of consent and connivance or negligence in the commission of the offence." -  Mohit Shah v. State [2023] GCtR 2515 (Delhi)

Section 138 - Scope of Interference by HC -  HC under S.482 of Code of Criminal Procedure, 1973 cannot decide the genuineness of certain records, and certain contentions of the accused can be raised and appropriately dealt with during the course of trial. -  Mohit Shah v. State [2023] GCtR 2515 (Delhi)