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HIGH COURT OF GUJARAT
J.C. DOSHI
Patel Uveshbhai Mohammadsalim – Appellant
Versus
State of Gujarat – Respondent
ORDER :
J. C. DOSHI, J.
1. By this application under Section 482 of the Code of Criminal Procedure (for short “the Code”), the applicant seeks quashing of proceedings of old Criminal Case No.941 of 2015 (New Criminal Case No.465 of 2017) filed by the complainant pending in the Court of Chief Judicial Magistrate, Lunavada (Now at Morvah) and further proceedings arising thereof.
2. The brief facts of the case are as under :
2.1 That applicant is partner of Honest Trading company at Lunawada and looking over the management of said company. It is further case that applicant who purchased grans from respondent no.2 agreed to pay Rs.13,10,547/- and against purchase and on demand being made by complainant for such payment, the applicant issued cheque bearing No.000238 dated10.03.2015 of Bank of Baroda, Lunavada Branch for Rs.13,10,547/- towards payment of grains pruchased. Respondent no.2 deposited the cheque with Bank of Baroda and same was returned backe with endorsement of insufficient funds. The complainant gave legal notice on 17.04.2015 and accused did not gave reply. The complainant thereafter preferred Old Criminal Case No.941 of 2015 (new Criminal Case No.465 of 2017) in Court of CJM
Prosecution against a partner of a partnership firm under Section 138 of the N.I. Act is not maintainable without including the firm as an accused, affirming the principle of vicarious liability.
There is a presumption under Section 139 of the N.I.Act that there exists a legally enforceable debt or liability.
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.
A partner cannot be held liable under Section 138 of the NI Act without the partnership firm being arraigned as an accused, reaffirming the necessity of a separate legal entity in cheque dishonour ca....
(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....
A complaint under the Negotiable Instruments Act is not maintainable if the partnership firm is not made a party, as individual partners cannot be liable without arraigning the firm as a principal ac....
Clear and specific averments are necessary in criminal complaints under N.I. Act to hold individuals vicariously liable; mere association with a firm or vague allegations are insufficient.
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....
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