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R. RAGHUNANDAN RAO
Priyom Condiments Private Limited – Appellant
Versus
State of Andhra Pradesh – Respondent
ORDER :
As these cases relate to a set of transactions between the same parties, which raise common questions of fact and law, the same are being disposed of by way of this common order.
2. The above 10 criminal petitions have arisen out of the issuance of five cheques. The details of the criminal petitions are as follows:
b) C.C.No.30 of 2017 had been filed against a cheque issued for a sum of Rs.25,00,000/-. Accused Nos.1 to 3 in the said case have filed Crl.P.No.12454 of 2017 and accused No.4 has filed Crl.P.No.515 of 2018.
c) C.C.No.31 of 2017 had been filed against a cheque issued for a sum of Rs.25,00,000/-. Accused Nos.1 to 3 in the said case have filed Crl.P.No.12545 of 2017 and accused No.4 has filed Crl.P.No.818 of 2018.
d) C.C.No.133 of 2017 had been filed against a cheque issued for a sum of Rs.26,50,044/-. Accused Nos.1 to 3 in the said case have filed Crl.P.No.
An unregistered partnership firm can file a complaint under Section 138 of the Negotiable Instruments Act, as Section 69(2) of the Indian Partnership Act does not bar such filings.
Vicarious liability under Section 141 of the Negotiable Instruments Act can only be imposed when the partner is in overall control of the day-to-day business of the firm, and the drawer of the cheque....
Clear and specific averments are necessary in criminal complaints under N.I. Act to hold individuals vicariously liable; mere association with a firm or vague allegations are insufficient.
Statutory notice for cheque dishonor must be issued within prescribed time; failure or competence of complaint representative are factual matters for trial, not grounds for quashing under Section 482....
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