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Supreme Court of India 2024-03-15 allowed

SUSELA PADMAVATHY AMMA vs M/S BHARTI AIRTEL LIMITED

Bench: 2 — B.R. Gavai, Sandeep Mehta

In Brief

Bharti Airtel Limited complained that Fibtel Telecom Solutions dishonoured five cheques totalling Rs. 2,55,08,309. The respondent obtained cheques after agreeing to provide telecom services. The cheques were stopped by the drawer. Airtel filed separate complaints against the company and two directors. The appellant, Susela Padmavathy Amma, a female senior citizen and director, challenged the criminal charges. The High Court rejected her petition to quash the complaint. The Supreme Court allowed her appeal, holding that mere status as a director does not create criminal liability under the Negotiable Instruments Act without specific averments showing the director was in charge of and responsible for the company's daily business operations.

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Negotiable Instruments Act Criminal Procedure Corporate Liability Cheque Dishonour Vicarious Liability Directors' Liability Telecom Regulation

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