Supreme Court clarifies the law on liability of persons in charge of company/firm in cases of cheque dishonour

Recently, the Supreme Court of India has held that vicarious liability can be imposed on the partners of a firm when specific averments are made in the complaint as to the status of the partner qua the firm. The Supreme Court also clarified that a complaint filed under Sections 138 and 141 of the Negotiable Instruments Act, 1881 can be quashed if the accused produces unimpeachable & incontrovertible evidence to show that the person could not have been concerned with issuance of the dishonored cheque.

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