Breaking SUPREME COURT REAFFIRMS PUBLIC DOMAIN PROTECTION FOR DIGITAL LAWS
New Delhi · Sunday, 20 September 2026 9888666310 | [email protected]
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Supreme Court of India 2017-03-06 allowed

Ashoke Mal Bafna vs Upper India Steel Mfg. & Engg. Co. Ltd

Bench: 2 — <UNKNOWN>, <UNKNOWN>

In Brief

A former Director of a company cannot be held criminally liable under the Negotiable Instruments Act for cheques dishonoured after his resignation if he neither issued those cheques nor was involved in the company's day-to-day affairs at the time of dishonour. The Supreme Court held that vicarious liability under Section 141 requires specific evidence showing how and in what manner the accused was responsible for the business at the relevant time; being a Director at any point is insufficient. The Court quashed the criminal proceedings, emphasizing that courts must strictly scrutinize complaints and apply settled principles before making someone vicariously liable for corporate offences.

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Criminal Law Negotiable Instruments Vicarious Liability Cheque Dishonour Directors' Liability Criminal Procedure

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