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DEEPAK KUMAR TIWARI
Shobha Tripathi, W/o. Dev Prakash Tripathi – Appellant
Versus
Jai Prakash Goyal, S/o. Late Rampal Goyal – Respondent
ORDER :
This petition has been filed by the petitioners under Section 482 of the Code of Criminal Procedure, 1973 (for short “CrPC”) seeking quashment of the criminal proceedings arising out of complaint filed by the respondent herein being Complaint Case No.2455 of 2015 (Jai Prakash vs. Smt. Shobha Tripathi and another) pending in the Court of learned Judicial Magistrate First Class, Durg.
2. The facts of the case, in brief, are that respondent/complainant has filed a complaint case under Section 138 of the Negotiable Instruments Act, 1881 (for short “NI Act”) against the petitioners herein before the Court of learned Judicial Magistrate First Class, Durg alleging that Cheques bearing Nos. 771819 of Rs.4,50,000/-, 771820 of Rs.11,65,370/- and 771821 of Rs.11,00,000/-, issued by the petitioners herein in favour of M/s. Jyoti Enterprises of which respondent/complainant is proprietor, were dishonored when presented before the bank and same were returned unpaid due to stoppage of payment at drawer’s end. The petitioner No.01 i.e. Smt. Shobha Tripathi is sole proprietor of M/s. Arnav Industries and the petitioner No.02 i.e. Dev Prakash Tripathi is husband and also power of attorney holde
Prosecution under Section 138 of the N.I. Act is not maintainable against signatories of a cheque unless the firm, as the drawer, is also arraigned as an accused.
The main legal point established in the judgment is that the liability of a company and its director under Section 138 of the Negotiable Instruments Act, 1881 is contingent on the relationship betwee....
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