Supreme Court of India
Dilip Hariramani v. Bank of Baroda
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2 Supreme Court benches have cited this judgment.
From the headnote
Negotiable Instruments Act, 1881: s. 138 r/w s.141 – Dishonour of cheque – Vicarious liability of partne r – On facts, cheque issued by authorised signatory of the partne rship firm to the Bankfor part payment of loan - Dishonour of che que due to insufficient funds – Complaint u/s. 138 r/w 141 aga inst appellant and other, being partner of firm – Firm not made an accused – Conviction by trail court and High Court – On appeal, held : s. 141 impose vicarious liability by deeming fiction which presu pposes and requires the commission of the offence by the company or firm as a principal accused,
Authorities it was built on
- 2010 National Small Industries Corp. Ltd. v. Harmeet Singh Paintal and Anr.
- 2005 S.M.S. Pharmaceuticals Ltd v. Neeta Bhalla and Anr.
- 2012 Aneeta Hada v. M/s. Godfather Travels & Tours Pvt. Ltd.
- 2015 Sharad Kumar Sanghi v. Sangita Rane
- 1984 Sheoratan Agarwal & Another v. State of Madhya Pradesh
- 1970 Girdharilal Gupta & Anr. v. D. N. Mehta, Collector of Customs & Anr.
- 1999 Anil Hada v. Indian Acrylic Limited
- 2019 Himanshu v. B. Shivamurthy & Anr.
- 1981 State of Karnataka v. Pratap Chand & Ors.
- 2004 Monaben Ketanbhai Shah and Anr. v. State of Gujarat and Ors.
- 2020 Hindustan Unilever Limited v. The State of Madhya Pradesh
Where later benches applied it
- 2025 Dhanasingh Prabhu v. Chandrasekar & Another
- 2025 Sankar Padam Thapa v. Vijaykumar Dineshchandra Agarwal
Of those, 1 distinguished · 1 referred to
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