Accused not issuing any dishonoured cheques, in his personal capacity - Unless firm commits offence as principal accused, its partners cannot be held vicariously liable and convicted - Conviction,set aside.

Citation

AIR 2022 SUPREME COURT 2258

SUPREME COURT

: AIROnline 2022 SC 668 (From : 2021 ACD 81 (Chh))

AJAY RASTOGI , J. and SANJIV KHANNA , J.

Criminal Appeal No. 767 of 2022 (Arising out of Special Leave Petition (Criminal) No. 641 of 2021), D/- 9 - 5 - 2022

Dilip Hariramani v. Bank of Baroda.

Negotiable Instruments Act (26 of 1881), S.138, S.141 - Dishonour of cheque - Vicarious liability

of partners of firm - For indebtedness of partnership firm - Notice issued to accused-partner and

not to firm, though he has not obtained loan in his individual capacity - Accused not issuing any

dishonoured cheques, in his personal capacity - Neither cheques were issued by accused - Nor he

was involved in day to day affairs of firm - Merely because accused stood as guarantor for such

loan as partner, he cannot be convicted as guarantor's liability comes under civil liability - Firm

has not made as accused or even summoned to be tried for offence - Unless firm commits offence

as principal accused, its partners cannot be held vicariously liable and convicted - Conviction,

set aside.

2021 ACD 81 (Chh), Reversed.

2015 AIR SCW 4202, Followed.

 (Paras 11 , 12 , 14 , 15)