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IN THE HIGH COURT AT CALCUTTA
BIBHAS RANJAN DE
Yubaraj Choudhury – Appellant
Versus
State of West Bengal – Respondent
| Table of Content |
|---|
| 1. introduction of proceedings under statutory provisions. (Para 2) |
| 2. arguments on notice service and its implications. (Para 3 , 4) |
| 3. arguments regarding non-service of notice and company non-impleadment. (Para 5) |
| 4. court observation on the need for statutory notice and company impleadment. (Para 6) |
| 5. legal requirements around company involvement in proceedings. (Para 8) |
JUDGMENT :
Bibhas Ranjan De, J.
1. This is an application under Section 528 read with Section 442 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (herein after referred to as BNSS ) wherein the petitioner has prayed for quashing of the proceeding being C.R. Case No. 364 of 2023 presently pending before the Court of Ld. Judicial Magistrate, 2nd Court, Jalpaiguri.
Brief Backdrop:-
2. The petitioner being one of the Directors of a private limited company namely Solution Dinen Hospitality Services Private Limited had a business relation with the opposite party no. 2/company and in course of such business transaction the petitioner had issued a cheque dated 20.11.2022 in favour of the opposite party no. 2 amounting to Rs. 2,37,381/- but the said cheque was dishonored by the banker of the petitioner i.e. Uni
The non-impleadment of a company in a cheque dishonor case renders the proceedings against its director unsustainable under the Negotiable Instruments Act.
A company must be impleaded as a necessary party in proceedings under Section 138 of the Negotiable Instrument Act, and failure to do so renders the case against the director alone not maintainable.
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....
Prosecution under Section 138 N.I. Act necessitates the company as the primary accused, without which proceedings against individuals related to the company are invalid.
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....
A legal notice under Section 138 must clearly state the cheque amount due; a vague demand fails to meet legal requirements, rendering the complaint invalid.
The main legal point established in the judgment is the proper service of demand notice under Section 138 of the Negotiable Instrument Act, and the consequences of such service on the acquittal of th....
A complaint under Section 138 of the N.I. Act is not maintainable if the company that issued the cheque is not impleaded as an accused, as vicarious liability of the proprietor arises only when the c....
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....
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