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ARTICLE · 07 SEPTEMBER 2022

Supreme Court On Vicarious Liability Of Partner For Cheque Dishonour

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The Hon'ble Supreme Court vide its order dated May 09, 2022 in the matter of Dilip Hariramani v. Bank of Baroda has observed that a person cannot be convicted for the ...

IndiaLitigation, Mediation & Arbitration
Nihit Nagpal
Nihit Nagpal
Anuj Jhawar
Anuj Jhawar
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The Hon'ble Supreme Court vide its order dated May 09, 2022 in the matter of Dilip Hariramani v. Bank of Baroda1 has observed that a person cannot be convicted for the offence of dishonour of cheque under Section 138 of the Negotiable Instruments (NI) Act, 1881 merely because he was a partner of the firm which had taken the loan or that he had stood as a guarantor for such a loan. Further, vicarious liability under Section 141 of the Negotiable Instruments Act, 1881 cannot be fastened upon a person merely because the civil liability under the Partnership Act falls upon a partner.

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The Trial Court convicted three accused in a kidnap cum murder case and sentenced them to death for the offence punishable under Section 302 read with 120B of the Indian Penal Code, 1860 and rigorous imprisonment for 10 years and fine of Rs.5000/- each for the offence punishable under Section 364 of the Indian Penal Code, 1860. Allowing the appeal filed by two accused, The High

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