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DIVYESH A. JOSHI
Rajesh Chamanbhai Kanani – Appellant
Versus
State Of Gujarat – Respondent
JUDGMENT :
1. By way of preferring present application under Section 482 of the Criminal Procedure Code, 1972, the applicants have invoked extra ordinary jurisdiction of this Court for quashing and setting aside the criminal complaint being Criminal Case No.389/2017 pending before the court of the learned 12th Additional Chief Judicial Magistrate, Rajkot.
2. Heard learned advocate, Mr. Sandeep Limbani for the applicant, learned APP Mr. Hardik Soni for the respondent and learned advocate, Mr. Pratik Jasani for the respondent no.2.
3. The brief facts leading to the filing of the present application are as under,
3.1 That, the applicant and the respondent no.2 both were friend and while doing business, the applicant suffered loss in his business and as he was in need of money, he had borrowed Rs.10,00,000/- from the respondent no.2 with an assurance that it will be repaid, however after sometime, the respondent no.2 started demanding the said amount and, therefore, the applicant issued Cheque No.315238 dated 28.08.2015 drawn on ING Vyasa Bank Ltd. from the account of Kanani Trading Company with an assurance that it will be honoured on deposit of the same and relying upon the said assuranc
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.
Section 141 of N.I. Act deals with offences by companies.
(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....
Partners of a firm are jointly and severally liable for cheque dishonor under the Negotiable Instruments Act, irrespective of whether a partner has formally resigned, as long as they were part of the....
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....
(1) Dishonour of cheque – Vicarious liability in criminal law in terms of Section 141 of NI Act cannot be fastened because of civil liability.(2) Dishonour of cheque – Vicarious liability arises only....
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....
There is a presumption under Section 139 of the N.I.Act that there exists a legally enforceable debt or liability.
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