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IN THE HIGH COURT OF KARNATAKA AT DHARWAD BENCH
K.V.ARAVIND
M.N.Vasu – Appellant
Versus
Veena Vinod Balase – Respondent
ORDER :
1. Heard Sri. Shriprasad J. Joshi, learned counsel for Sri. R.C. Patil, learned counsel for the petitioner-accused and Sri. Sachidanand B. Patil, learned counsel along with Sri. Bunty Rajkumar Kapahi, learned counsel for the respondent-complainant.
2. The accused in C.C.No.1688/2007 and C.C.No.1214/2010 on the file of III Additional Civil Judge and J.M.F.C., at Belagavi, (for short, 'the trial Court') is before this Court challenging the order of conviction dated 29.05.2018 and common order dated 01.06.2019 in Criminal Appeal Nos.226/2018 and 227/2018 on the file of IV Additional District and Sessions Judge, Belagavi (for short, 'the appellate Court').
3. The accused approached the complainant for a loan of Rs.2,50,000/- in August 2004 with a promise to repay the same and the same was paid by account withdrawal. Towards repayment of the loan, issued Cheque bearing No.991665 dated 19.04.2007 drawn on ICICI Bank Ltd., Margao Branch in favour of the complainant. Similarly, the accused requested a loan of Rs.2,00,000/- in August 2005 and issued a Cheque bearing No.991664 dated 08.05.2007 drawn on ICICI Bank Ltd., Margao Branch in favour of the complainant. Both cheques, when prese
A partnership firm cannot be individually liable under Section 138 of the N.I. Act without including all partners in the complaint; liability is joint and several.
There is a presumption under Section 139 of the N.I.Act that there exists a legally enforceable debt or liability.
Criminal proceedings under Section 138 of the N.I. Act require the partnership firm to be arraigned as an accused; failure to do so renders the proceedings against individual partners not maintainabl....
A complaint under the Negotiable Instruments Act is not maintainable if the partnership firm is not made a party, as individual partners cannot be liable without arraigning the firm as a principal ac....
Prosecution against a partner of a partnership firm under Section 138 of the N.I. Act is not maintainable without including the firm as an accused, affirming the principle of vicarious liability.
Partners can be held vicariously liable for dishonoured cheques issued by the firm, but liability must be established based on specific involvement in the transaction.
The main legal point established in the judgment is the requirement for specific averments to establish vicarious liability of partners in a partnership firm under Section 138 of the NI Act and the n....
(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....
A partner cannot be held liable under Section 138 of the NI Act without the partnership firm being arraigned as an accused, reaffirming the necessity of a separate legal entity in cheque dishonour ca....
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