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ARVIND KUMAR VERMA
Techno Dealers – Appellant
Versus
Rajesh Kumar Jain S/o Late Tarachand Jain – Respondent
ORDER :
1. With the consent of the parties, the matter is heard finally.
2. By way of the instant Petition under Section 482 of Cr.P.C. the Petitioner intends to challenge the proceedings initiated under Section 138 of the Negotiable Instruments Act (hereinafter referred to as “the N.I. Act”) by the Respondent-Complainant against the Petitioners through Complaint Case No. 395/2023 filed before the Court of Judicial Magistrate First Class, Raipur:
3. Learned counsel for the p
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.
Negotiable instruments – Quash of criminal proceedings against one of the Director - petitioner was only a partner of the firm which has issued the cheque and she was not responsible for the conduct ....
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.
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....
Clear and specific averments are necessary in criminal complaints under N.I. Act to hold individuals vicariously liable; mere association with a firm or vague allegations are insufficient.
There is a presumption under Section 139 of the N.I.Act that there exists a legally enforceable debt or liability.
For partners to incur vicarious liability under the Negotiable Instrument Act, the partnership firm must first be convicted of the offense; absence of firm conviction precludes individual partner lia....
A revision petition under Section 138 involves assessing evidence and liability for issued cheques, affirming that firms’ renaming does not invalidate prosecution rights.
The court emphasized that the specific allegations and knowledge of the accused are crucial in determining liability under Section 138 of the Negotiable Instrument Act.
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