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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
J.C. DOSHI
Ritaben Kanubhai Patel – Appellant
Versus
State of Gujarat – Respondent
JUDGMENT :
J.C. DOSHI, J.
1. This common order governs the disposal of captioned petitions as both the petitions arise from selfsame private complaint.
2. Criminal Misc. Application No.6202 of 2017 is filed by the petitioner Ritaben – original accused No.2 for quashing and setting aside proceedings of Criminal Case No.3142 of 2014 filed by the private respondent pending before the learned Addl. Chief Metropolitan Magistrate, Court No.34, Ahmedabad.
2.1 Criminal Misc. Application No.6517 of 2017 is filed by the petitioner Pareshbhai – original accused No.1 for quashing and setting aside proceedings of Criminal Case No.3183 of 2015 filed by the private respondent pending before the learned CJM, Ahmedabad Rural.
3. Brief facts of the case are as under:-
3.1 Pavan Motors (erstwhile M/s. Yash Car) (in short “partnership firm”) is registered under the Indian Partnership Act, 1932. Petitioners are the partners of the partnership firm. Husband of the complainant is friend of the petitioners and therefore, they have homely relations.
3.2 That between the 2011 and 2013, since the petitioners are in financial crunch, the private respondent had lent Rs.75 lakh to the petitioners.
3.3 Thereafter, for r
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....
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 in a partnership firm are jointly and severally liable under the Negotiable Instruments Act for dishonoured cheques, and mere designation does not incur liability without stated managerial i....
Partners in a partnership can be held jointly and severally liable for business transactions; mere association does not imply vicarious liability without specific allegations.
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.
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....
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 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....
(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....
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