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MANOJ KUMAR OHRI
Jitendra Bhati – Appellant
Versus
Santosh Devi – Respondent
JUDGMENT (Oral)
1. By way of present petitions filed under Section 482 Cr.P.C., the petitioner seeks quashing of the Complaint Case Nos. 9213/2019 and 9214/2019 filed under Section 138 of the Negotiable Instruments Act (hereinafter referred to as `NI Act') both titled as `Santosh Devi v. M/s. Synergy Earth Movers' pending before learned Metropolitan Magistrate, (North-West), District Court Rohini, Delhi.
2. Considering that the facts and the parties are common as well as the fact that the learned counsels for the parties have also addressed common submissions, both the cases are taken up together and disposed of vide this common judgment.
3. Briefly, the facts as available from the material placed on record are that the respondent has alleged that M/s Synergy Earth Movers is a proprietorship firm and the petitioner is the director/proprietor of the said firm, looking after its day-to-day affairs. Further, it is alleged that the petitioner approached the respondent through an offer letter providing machinery for a project on Yamuna Expressway, and the same was accepted by the respondent. As per the terms of the offer letter, payment would be made by M/s Synergy Earth Movers and petiti
The legal point established is that the liability under Section 138 of the NI Act arises only when the drawer receives a notice and fails to make the payment within the time provided by the Statute.
A person who is not a signatory to the cheque cannot be prosecuted under Section 138 of the Negotiable Instruments Act, 1881, for the offence of dishonour of cheque for insufficiency of funds.
The judgment highlights the significance of a valid notice as the foundation of a case under Section 138 of the N.I. Act and the necessity to comply with the statutory requirements for the notice to ....
A cheque dishonoured for reasons such as 'referred to the drawer' is covered under Section 138 of the N.I. Act, but a complaint must be filed after proper service of notice and cannot be filed in the....
Directors of a company can be held vicariously liable under Section 141 of the Negotiable Instruments Act if they were in charge of the company's affairs at the time of the offense.
The demand notice under section 138 of NI Act should specifically ask for the payment of the cheque amount within the stipulated period.
In complaints under S.138 of the Negotiable Instruments Act, territorial jurisdiction is determined by where the cheque was drawn and presented, not merely by where notices were sent.
Point of Law : In case ingredients for filing complaint under Section 138 of NI Act are in existence, then presumption is there, as provided under law, and to rebut the same, definitely, evidence wou....
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