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J. B. PARDIWALA, R. MAHADEVAN
Bijoy Kumar Moni – Appellant
Versus
Paresh Manna – Respondent
JUDGMENT :
J.B. PARDIWALA, J. :-
For the convenience of exposition, the present judgment is divided into the following parts:
| INDEX | |
| A. | FACTUAL MATRIX |
| i. | Proceedings before the Trial Court |
| ii. | Proceedings before the Sessions Court |
| iii. | Proceedings before the High Court |
| B. | SUBMISSIONS ON BEHALF OF THE APPELLANT/COMPLAINANT |
| C. | SUBMISSIONS ON BEHALF OF THE RESPONDENT/ACCUSED |
| D. | ANALYSIS |
| i. | Section 138 of the NI Act |
| ii. | Whether authorized signatory of a company falls within the ambit of the expression “drawer”? |
| iii. | Meaning of the expression “on an account maintained by him” used in Section 138 of the NI Act |
| iv. | Scope of the expression “any debt or other liability” appearing in Section 138 of the NI Act |
| v. | Section 141 of the NI Act |
| E. | CONCLUSION |
1. Leave granted.
2. This appeal arises from the judgment and order dated 19.03.2024 passed by the High Court at Calcutta in Criminal Revision No. 887 of 2019 by which the High Court allowed the criminal revision application preferred by the respondent herein (original accused) and thereby quashed and set as
(1) Dishonour of cheque – Offence by company – It is drawer Company which must be first held to be principal offender under Section 138 of NI Act before culpability can be extended, through a deeming....
Dishonour of cheque – Liability to pay interim compensation – Signatory of cheque, authorized by “Company”, cannot be directed to pay interim compensation under Section 143A of NI Act.
Liability under Section 138 of the Negotiable Instruments Act primarily rests on the drawer of the cheque, which in this case is the institution, not the individual signatory, thus prosecution agains....
Authorized signatory of company cheque from company account is not 'drawer' under Section 138 NI Act; company is drawer and must be impleaded with notice served; non-impleadment fatal, proceedings qu....
(1) Dishonour of cheque – Offence by company – For fastening criminal liability, there is no legal requirement for complainant to show that accused partner of firm was aware about each and every tran....
Vicarious liability under Section 141 of the N.I. Act arises only when the company or firm commits the offense as the primary offender, and the accused must be the drawer of the cheque to be held lia....
(1) Dishonour of cheque – Offence by company – Authorized signatory is not a drawer of cheque – Signatory is merely authorized to sign on behalf of company and does not become drawer.(2) Penal provis....
A person who is not a signatory to the cheque cannot be prosecuted under Section 138 of the Negotiable Instruments Act, 1881, for the offence of dishonour of cheque for insufficiency of funds.
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