BRIJI GOPAL DAGA Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitions filed under Section 482 of the Code of Criminal Procedure ("Cr.P.C.", for short) seeking quashment of complaints. In all these cases, parties and issues cropping up for decision are the same. Hence they are heard together and disposed by this common order. Petitioners are accused 3 to 5 in the complaints pending on the file of the Chief Judicial Magistrate's Court, Kollam. They are implicated in these cases on the alleged vicarious criminal liability under Section 138 read with Section 141 of the Negotiable Instruments Act, 1881 ("NI Act", for short). Petitioners contended that their arraignment in the cases is frivolous and vexatious. Prosecution launched against them in each case is a sheer abuse of the process of court.

(2.) The issue arising for consideration is pertaining to the extent and magnitude of vicarious-criminal liability of independent Directors of a public limited company, registered under the Companies Act, 1956 ("Act of 1956", for short), for the dishonour of cheques.

(3.) Allegations in the complaint, in nut shell, are the following: