Hitesh Verma vs Health Care At Home India Pvt. Ltd - Ss 138, 141 NI Act - Twin Requirements

Negotiable Instruments Act 1881 - Section 138, 141 - Only the signatory to the cheque is liable under Section 138, unless the case is brought within the four corners of Section 141 of the 1881 Act, no other person can be held liable -Twin requirements under sub-Section (1) of Section 141 of the 1881 Act - In the complaint, it must be alleged that the person, who is sought to be held liable by virtue of vicarious liability, at the time when the offence was committed, was in charge of, and was responsible to the company for the conduct of the business of the company. A Director who is in charge of the company and a Director who was responsible to the company for the conduct of the business, are two different aspects. The requirement of law is that both the ingredients of sub-Section (1) of Section 141 of the 1881 Act must be incorporated in the complaint.