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IN THE HIGH COURT OF KERALA AT ERNAKULAM
G.GIRISH
Mohammed Niyas – Appellant
Versus
State Of Kerala Rep. By Public Prosecutor – Respondent
| Table of Content |
|---|
| 1. challenging prosecution based on legal status of entity. (Para 1 , 2 , 3) |
| 2. court's consideration of arguments presented. (Para 4) |
| 3. clarification on liabilities under the ni act. (Para 5 , 6 , 7 , 8 , 9) |
ORDER :
G. Girish, J.
The second accused in S.T No.1073/2017 on the files of the Judicial First Class Magistrate Court, Kakkanad, has filed this petition under Section 482 of the Code of Criminal Procedure, 1973 (in short, ‘Cr.PC’), to quash the proceedings against him in the aforesaid case. The offence alleged against the petitioner is one under Section 138 of the Negotiable Instruments Act, 1881 (in short, ‘ NI Act’).
2. The aforesaid complaint has been instituted arraigning the petitioner herein as the second accused in his capacity as the authorised signatory of a Private Limited Company by name M/s.Unique International Logistics. The first accused in the said case is that company represented by its Vice President, and the third accused is the said company which the first and second accused represented. The allegation is that a cheque for Rs.49,58,641/- which the petitioner herein issued as the authorised signatory of the company which he represented, in dischar
The legal identities of directors and partners are distinct, yet partners are jointly liable for liabilities incurred by the firm under the Negotiable Instruments Act.
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.
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.
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.
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....
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....
There is a presumption under Section 139 of the N.I.Act that there exists a legally enforceable debt or 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....
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