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RAJENDRA BADAMIKAR
Syed Shehzi – Appellant
Versus
Gajanana Enterprises, Indian Gas Distributors – Respondent
ORDER
1. This revision petition is filed by revision petitioner / accused under Section 397 and 401 of Criminal Procedure Code, 1973 (hereinafter referred to as 'the Code' for short) challenging the judgment of conviction and order of sentence passed by XIX ACMM Bangalore in C.C.No.7250/2009 dated 08.04.2014 and confirmed by the XLVI Additional City Civil and Sessions Judge, Bangalore in Crl.A.No.430/2014 vide judgment dated 19.09.2015.
2. For the sake of convenience, the parties herein are referred with original ranks occupied by them before the trial Court.
3. The brief factual matrix leading to the case are as under:
It is the case of the complainant that accused is carrying catering business in the name of 'Icon Hospitalities'. The complainant was carrying business of distribution of LPG cylinders of Indian Oil Corporation and accused is the customer of complainant. That accused used to purchase LPG commercial gas cylinders on credit basis from time to time and the complainant had supplied LPG cooking gas cylinders worth of Rs.16,46,950/- to the accused. It is the contention of the complainant that the accused in order to repay the outstanding amount had issued five cheques for a s
Section 141 of N.I. Act deals with offences by companies.
Point of law: Negotiable instruments – Conviction set aside - There can be no vicarious liability unless there is a prosecution against the firm. The vicarious liability gets attracted when the condi....
Point of Law : Section 141 of N.I. Act provides that for purpose of this Section, "company" means anybody corporate and includes a firm or other association of Individuals; and "director", in relatio....
The case established the importance of specific allegations and the requirement to arraign the company as an accused in matters of vicarious liability under Section 138 of the Negotiable Instruments ....
Dishonour of cheque – Company/Firm is a necessary party where offence has been committed on behalf of Company/Firm.
Prosecution under Section 138 of the Negotiable Instruments Act requires the company to be arraigned as an accused to impose vicarious liability on its officers.
Managing partners are vicariously liable for offences committed by firms under Section 138 of the NI Act.
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....
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