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M. K. THAKKER
Nenshi Healthcare Thro Bhanushali Kishorkumar Damjibhai – Appellant
Versus
State of Gujarat – Respondent
| Table of Content |
|---|
| 1. acquittal based on non-joinder of company (Para 1 , 2) |
| 2. arguments challenging trial court's acquittal (Para 3) |
| 3. necessity of addressing company as accused (Para 4 , 6) |
| 4. corporate liability under n.i. act section 141 (Para 5) |
| 5. dismissing application and refusing appeal (Para 7 , 8) |
ORDER :
1. This application is filed seeking leave to prefer an appeal by the applicant-original complainant against judgment and order dated 26.04.2023 passed by the learned Chief Judicial Magistrate, Kadi in Criminal Case No. 262 of 2020 whereby, the accused came to be acquitted for the offences punishable under section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as the “N.I.Act”).
2. It is the case of the complainant that complainant is doing business of pharmaceutical raw materials and pharmaceutical finished products and the accused is also connected with health care products therefore, on purchasing the health care products, the cheque was issued for the repayment of the product of Rs.23,41,335/-. On depositing the said cheque, it was dishonoured. Therefore, after following due procedure, private complaint came to be filed before the learned trial court.
2
For prosecution under Section 141 of the Negotiable Instruments Act, the company must be joined as an accused; its absence renders the complaint non-maintainable.
Section 141 of N.I. Act deals with offences by companies.
The central legal point established in the judgment is that maintaining the prosecution under Section 141 of the N.I. Act requires the company to be arraigned as an accused, and without fulfilling th....
Point of Law : Section 141 of N.I. Act provides that for purpose of this Section, "company" means anybody corporate and includes a firm or other association of Individuals; and "director", in relatio....
Dishonour of cheque – Company is a juristic person and Company can have criminal liability—In case of commission of offence by company, express condition of company being joined is imperative to attr....
Maintaining prosecution under section 138 of the NI Act requires arraigning the company as an accused, and the vicarious liability of individuals associated with the company is contingent upon the co....
The central legal point established in the judgment is the requirement to arraign a company as an accused in a complaint under Section 138 of the Negotiable Instruments Act, as highlighted by the pro....
(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....
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