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PANKAJ MITHAL, PRASHANT KUMAR MISHRA
S. C. Garg – Appellant
Versus
State of Uttar Pradesh – Respondent
JUDGMENT :
PRASHANT KUMAR MISHRA, J.
1. Challenge in this Criminal Appeal is to the final judgment and order dated 28.04.2017 passed by the High Court of Judicature at Allahabad whereby the appellant’s petition under Section 482 of the Criminal Procedure Code, 1973,1[‘Cr.P.C.’] seeking quashment of Criminal Case No. 7489 of 2002 pending on the file of Chief Judicial Magistrate, Ghaziabad for offences under Section 420 of the Indian Penal Code, 1860,2[‘IPC’], has been dismissed.
2. Brief facts necessary for disposal of the criminal appeal are that the appellant/S.C. Garg,3[‘Garg’] was the Managing Director of the Company Ruchira Papers Ltd.,4[‘Company’] which was engaged in manufacturing craft papers. The Company had business dealings with ID Packaging, a partnership concern of respondent no. 2/R.N. Tyagi,5[‘Tyagi’]. In conduct of business between two entities, the parties used to maintain a running account and Tyagi used to issue cheques from time to time in favour of ID Packaging. Between 22.12.1997 to 30.01.1998, Tyagi issued 11 cheques which were initially dishonoured due to insufficiency of funds in the account. To maintain business relations, both the parties agreed to present th
(1) Principle of res judicata is equally applicable in criminal matters.(2) Dishonour of cheque – A person cannot be vicariously prosecuted, especially for offences under IPC, merely on account of fa....
Dishonour of cheque – Company is a juristic person and Company can have criminal liability—In case of commission of offence by company, express condition of company being joined is imperative to attr....
The main legal point established in the judgment is the necessity of fulfilling the essential ingredients of the offence of cheating under Section 420 of the IPC and the liability of directors in cor....
Prosecution of company is mandatory condition precedent under Section 141 NI Act for vicarious liability of directors; complaints against directors quashed without impleading company.
Maintaining prosecution under section 138 of the NI Act requires arraigning the company as an accused, and the vicarious liability of individuals associated with the company is contingent upon the co....
The main legal point established in the judgment is that criminal proceedings cannot be used to settle civil disputes, and vicarious liability of directors requires specific averments showing their i....
(1) Dishonour of cheque – Vicarious liability in criminal law in terms of Section 141 of NI Act cannot be fastened because of civil liability.(2) Dishonour of cheque – Vicarious liability arises only....
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