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M. K. THAKKER
Ketanbhai Natwarbhai Patel Thro Poa Vinodbhai Manibhai Patel – Appellant
Versus
State Of Gujarat – Respondent
JUDGMENT :
1. This appeal is filed by the appellant challenging the judgment and order passed by the learned 3rd Additional Chief Judicial Magistrate, Nadiad dated 19.06.2023 in Criminal Case No.2843 of 2014 acquitting the respondent Nos.2 and 3 from the offence punishable under Section 138 of the Negotiable Instruments Act, 1886 (‘the N.I.Act’ referred hereinafter).
2. The facts of the case are mentioned hereinbelow:
2.1. Present appellant is the original complainant, who has filed the private complaint before the competent court alleging that he is the power of attorney of Ketanbhai Natwarbhai, who had done the financial transactions with one Vinodbhai Patel. The said Ketanbhai had lent the amount of Rs.1.20 Crore cash in the month of March 2014 as a hand loan to the respondents-accused. To repay the amount on repeated request, two cheques bearing cheque Nos.612234 and 627728 of ICICI Bank, Petlad Branch, Nadiad was issued for the amount of Rs.60 Lakh each. On depositing the said cheque with the Bank, the same was returned with an endorsement of ‘account closed’. Therefore, after following the procedure prescribed under the act private complaint came to be filed.
2.2. On recording th
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....
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....
Dishonour of cheque – Offence by company – In absence of company being arraigned as accused, complaint against accused is non-maintainable.
For partners to incur vicarious liability under the Negotiable Instrument Act, the partnership firm must first be convicted of the offense; absence of firm conviction precludes individual partner lia....
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.
Vicarious liability under Section 138 of the Negotiable Instruments Act requires the company to be named as an accused; absence of the company renders the complaint against the individual not maintai....
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