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NIRZAR S. DESAI
KANCHANBEN RASIKBHAI BAVARIA – Appellant
Versus
HDFC BANK LTD. – Respondent
JUDGMENT :
NIRZAR S. DESAI, J.
1. Rule. Learned advocate Mr. Darshan Kinariwala with learned advocate Mr. Nikunj D. Balar waive service of notice of Rule for and on behalf of respondent no. 1 and learned APP Ms. Maithili Mehta waives service of notice of Rule for and on behalf of respondent no. 2-State.
2. By way of three different applications, present applicants have challenged three different criminal complaints under the Negotiable Instruments Act, 1881 (hereinafter referred to as “the N.I. Act” for short) in respect of three different cheques issued by applicants, which are returned with an endorsement of “funds insufficient.”
3. Since all these three petitions are identical petitions in respect of three different cheques, facts are taken from Criminal Misc. Application No. 19661 of 2019.
4. Prayers in Criminal Misc. Application No. 19661 of 2019 read as under:
(B) YOUR LORDSHIPS may be pleased to quash and set aside the Criminal Complaint No. 6769 of 2015 and impugned pleas at Exh.23, 24, 25 and 26 recorded of the Petitioners by Ld. 5th Additional Chief Judicial Magistrate Rajkot dated September 10, 2015 (10
Dishonour of cheque – Offence by company – For maintaining prosecution under Section 141 of NI Act, arraigning of company as an accused is imperative and non-impleadment of company would be fatal for....
Directors cannot be prosecuted under Section 138 of the NI Act without the company being joined as an accused, as vicarious liability requires the company to be a party to the proceedings.
(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 main legal point established in the judgment is the necessity of arraigning the company as an accused for maintaining the prosecution under Section 141 of the NI Act, and the requirement of speci....
The main legal point established in the judgment is the requirement for specific averments and unimpeachable evidence to establish vicarious liability of directors in cases of cheque bounce under Sec....
Point of Law : Where there is not even an averment against the Managing Director or joint Managing Director of the Company therein. [Para 11]
Directors can only be held vicariously liable under Section 141 of the Negotiable Instruments Act if specific averments are made in the complaint regarding their responsibility for the company's cond....
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