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IN THE HIGH COURT OF DELHI AT NEW DELHI
NAVIN CHAWLA
Harpreet Sahni – Appellant
Versus
Shrichand Hemnani – Respondent
| Table of Content |
|---|
| 1. overview of case filings. (Para 1 , 2 , 3) |
| 2. claims against the accused parties. (Para 4) |
| 3. petitioners' arguments on notice compliance. (Para 5 , 6 , 7 , 8) |
| 4. analysis of section 138 of the ni act. (Para 10 , 11 , 12 , 13 , 14 , 15 , 16) |
| 5. court's examination of service of notice. (Para 18 , 21 , 22 , 23) |
| 6. definition of vicarious liability. (Para 19 , 20) |
| 7. conclusion of the judgment. (Para 25 , 26 , 27) |
JUDGMENT :
NAVIN CHAWLA, J.
1. These petitions have been filed under Section 482 of the Code of Criminal Procedure, 1973 (in short, ‘Cr.P.C.’) challenging the Order dated 20.12.2019 passed by the learned Metropolitan Magistrate-02 (NI Act), North-West District, Rohini Courts, Delhi (hereinafter referred to as the ‘Trial Court’) in Complaint Case No.5505/2019, titled Shrichand Hemnani v. Mother's Pride Punjabi Bagh & Ors. (in CRL.M.C. 6094/2022); Complaint case No. 5503/2019 titled Puja Hemnani v. Mother's Pride Punjabi Bagh & Ors. (in CRL.M.C. 6095/2022); Complaint case No. 5504/2019 titled Asha Hemnani v. Mother's Pride Punjabi Bagh & Ors. (in CRL.M.C. 6096/2022) and Complaint case No. 5501/2019 titled Vinod Hemnani v. Mother's Pride Punjabi Bagh & Ors. (in CRL.M
Vicarious liability under Section 141 of the Negotiable Instruments Act requires specific allegations showing a person's responsibility for conduct of a company's affairs; mere involvement is insuffi....
Only the drawer of a cheque is entitled to notice under Section 138(b) of the Negotiable Instruments Act, not signatories facing indictment under Section 141.
The liability of the company and its officers under Section 141 of the Negotiable Instruments Act was established based on the specific averments in the complaint and the company's reply, and the cou....
(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....
The proprietor of a sole proprietorship holding liability for a dishonored cheque under Section 138 NI Act does not require the business entity to be arrayed as an accused.
Dishonour of cheque – Offence by company – There is non-compliance on part of second respondent with requirements of sub-section (1) of Section 141 of NI Act – Cheques have been signed by Managing Di....
A trust is considered an 'association of individuals' under Section 141 of the N.I. Act, making its office-bearers vicariously liable for offenses. However, the prosecution against individuals is inv....
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