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HIGH COURT OF GUJARAT
J.C. DOSHI
Abdul Latif Saiyed – Appellant
Versus
Bhagwati Construction – Respondent
JUDGMENT :
J. C. DOSHI, J.
1. By this application under Section 482 of the Code of Criminal Procedure (for short “the Code”), the applicant seeks to quash and set aside complaint and order dated 20.01.2018 passed by learned Additional Chief Judicial Magistrate, Ahmedabad in Criminal Case No.1132 of 2018 and further proceedings arising thereof.
2. Facts of the case are as under :-
2.1. That petitioner No.1 is Director of the Company namely M/ s ALF Construction Pvt. Ltd and petitioner No.2 is also Director and wife of petitioner no.1. The petitioner no.1 had sent email to the respondents on 6/11/2017 wherein it is specifically stated that the amount of Rs.4 lakhs has not been transferred by the respondent as agreed by the respondents therefore, the questioned cheque of the complaint was to be returned back to the petitioner. That the respondents is involved in construction business and the respondents had signed sub contract agreement which has been obtained by the respondents from Indian Railway at site Sanawad - Khandwa section of Ratlam Mhow Khandwa GC Project. The said agreement has been entered between the petitioner no.1 and respondent no.2 on 6/5/2015 which has been executed in w
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.
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.
(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....
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....
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....
The essential requirements for a valid complaint under Section 138 NI Act, including the demand notice to the drawer of the cheque and the arraignment of the company as the accused when the cheque is....
Sufficient averments in a complaint against a director fulfill requirements of Section 141 of the NI Act for vicarious liability. Failure to respond to statutory notices under Section 138 infers liab....
(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....
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