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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
SACHIN SHANKAR MAGADUM
Shaik Nowhera D/o Late Shaik Nanne Saheb – Appellant
Versus
1-Help Technology And Software Solutions Pvt Ltd. – Respondent
| Table of Content |
|---|
| 1. quashing of proceedings for dishonoured cheques (Para 1 , 2 , 3 , 4) |
| 2. defences raised by accused in proceedings (Para 5 , 6 , 7) |
| 3. court's reasoning on notice and procedural compliance (Para 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18) |
| 4. importance of valid service of notice and curability (Para 19) |
ORDER :
SACHIN SHANKAR MAGADUM, J.
These batch of petitions are taken up together as identical issue is raised in all these petitions filed by the common accused seeking quashing of the proceedings in C.C.No.994/2025(arising out of PCR.No.70/2025), C.C.No.2198/2025(arising out of PCR.No.102/2025), CC.No.996/2025(arising out of PCR.No.68/2025), CC.No.2199/2025(arising out of PCR.No.101/2025), CC.No.2201/2025(arising out of PCR.No.99/2025, CC.No.2200/2025(arising out of PCR.No.1200/2025), CC.No.991/2025(arising out of PCR.No.71/2025), CC. No.997/2025 (arising out of PCR.No.69/2025), CC.No.1200/2025(arising out of PCR.No.98/2025), CC.No.988/2025(arising out of PCR.No.72/2025), CC.No.2196/2025(arising out of PCR.No.106/2025), CC.No.1198/2025(arising out of PCR.No.96/2025), CC.No.2194/2025(arising out of PCR.No.108/2025), CC.No.2197/2025(arising out of PCR.No.105/20
Valid service of notice to a chief executive in capacity as signatory constitutes notice to the company, and technical defects in party arraignment are curable, promoting justice in commercial transa....
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....
The essential requirements for a valid complaint under Section 138 NI Act, including the demand notice to the drawer of the cheque and the arraignment of the company as the accused when the cheque is....
Maintaining the prosecution under Sec. 141 of N.I. Act requires the company to be arraigned as the accused.
Vicarious liability under Section 138 of the Negotiable Instruments Act requires the company to be named as an accused; absence of the company renders the complaint against the individual not maintai....
Point of law: It is for the petitioner to establish in trial that he was not responsible for the conduct of the business of the company owing to his age and the mere ipse dixit of the petitioner that....
Point of law: It is for the petitioner to establish in trial that he was not responsible for the conduct of the business of the company owing to his age and the mere ipse dixit of the petitioner that....
The liability of the company and its officers under Section 141 of the Negotiable Instruments Act was established based on the specific averments in the complaint and the company's reply, and the cou....
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