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Dilip Hariramani vs. Bank of Baroda (SC)

46.00 4.60

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Negotiable Instruments Act, 1881–Secs. 138 & 141–Scope–Whether the appellant can be convicted merely because he was a partner of the firm which had taken the loan or that he stood as a guarantor for such a loan ?–Held, no–Appellant may have a civil liability under the various provisions, however, vicarious liability in the criminal law in terms of Sec. 141 of the N. I. Act cannot be fastened because of civil liability–Admitted case of the respondent-bank that the appellant has not issued any of the three cheques which had been dishonoured–He is entitled to be acquitted.