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NISHA M. THAKORE
Ravi Chetwani Proprietor Of M/S Laxmi Store – Appellant
Versus
State Of Gujarat – Respondent
JUDGMENT :
1.0. Heard Mr. Nikul Soni, learned advocate for the applicant – original complainant, Mr. Dhruv Dave, learned advocate for the respondent no.2 and Mr. Bhargav Pandya, learned Additional Public Prosecutor for the respondent State.
2.0. This application is filed under Section 378(4) of the Code of Criminal Procedure seeking leave to challenge the impugned judgment and order dated 28.02.2022 passed by the learned 10th Additional Chief Judicial Magistrate, Vadodara in Criminal Case No.24510 of 2016. By the said judgment and order, the learned Magistrate has recorded order of acquittal of the respondent no.2 – original accused for the offence punishable under Section 138 of the Negotiable Instruments Act.
3.0. The gist of the complaint as contended in the criminal case by the complainant is as under:
3.1. The complainant is running a shop in the name of Laxmi Store and the accused viz. Hemant Shah who is referred as proprietor of M/s.Vadiyawala Logistic Private Limited is running his business in the name of “ M/s. Vadiyawala Logistic Private Limited”. It is the case of the complainant that having business relationship, the complainant was knowing the accused very well. It is fu
The main legal point established in the judgment is that a complaint filed by a company under Section 138 of the Negotiable Instruments Act must be in the name of the company and can be represented b....
Vicarious liability under Section 141 of the N.I. Act arises only when the company or firm commits the offense as the primary offender, and the accused must be the drawer of the cheque to be held lia....
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....
Prosecution of company is mandatory condition precedent under Section 141 NI Act for vicarious liability of directors; complaints against directors quashed without impleading company.
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.
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.
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