VidhiSangh

Supreme Court of India · 10/10/2023

SIBY THOMAS versus M/S. SOMANY CERAMICS LTD

[2023] 13 S.C.R. 821 · 2023 INSC 890

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Summary

The Supreme Court quashed a cheque-dishonour complaint only against the appellant partner because it lacked the averments necessary for vicarious liability. A general statement that the partners were responsible for day-to-day business did not allege that he was in charge of and responsible for conducting the firm’s business when the offence occurred. The complaint separately attributed the purchases and cheque issuance to other accused.

Issues

  1. Whether the complaint sufficiently pleaded the appellant partner’s vicarious liability under Section 141(1).
  2. Whether the proceedings against him warranted quashing under Section 482 CrPC.

Provisions considered

Held

Result

Appeal allowed without costs. High Court order set aside; criminal complaint quashed only against the appellant, accused No. 4.

Judgment PDF: Supreme Court of India, [2023] 13 S.C.R. 821.