MIRANG MANOJ PATEL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard Counsel for the parties.

(2.) The issue for determination is whether, petitioner being partner of defaulter-firm is vicariously liable for the activities of defaulter under Section 141 of the Negotiable Instruments Act.

(3.) Petitioner 's contention is that, at the time when the offence was committed, he was not in charge of and was responsible for the conduct of business of the firm and therefore he has not incurred a liability under Section 141 of the Negotiable Instruments Act. It is argued that, in order to bring a case under Section 141 of the N.I. Act, the complaint must disclose necessary facts which makes a person liable.