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RAKESH KAINTHLA
Vishal Gandhi – Appellant
Versus
Symbiosis Pharmaceuticals – Respondent
JUDGMENT :
Rakesh Kainthla, J.
The present petition has been filed under Section 482 of Cr.P.C. for quashing the order passed by learned JMFC, Nahan in Case No. 33 of 2020 titled M/s Symbiosis Pharmaceuticals versus M/s Dharam Healthcare. The complainant filed a complaint before the learned JMFC asserting that the complainant is a proprietorship firm dealing in the manufacturing of drugs under the name and style of M/s Symbiosis Pharmaceuticals Private Limited at Kala Amb, District Sirmaur. The accused used to purchase the drugs from the complainant. The accused issued three cheques drawn on State Bank of India in favour of the complainant. The accused no. 2 had issued the cheques being the Director of the Company with the assurance that the cheques would be encashed on presentation. The accused no.1 is also a Director of the Company and is In-charge of and is responsible for the conduct of the business of the company. The complainant presented the cheques but the cheques were returned with the remarks ‘Funds Insufficient’. The complainant requested the accused to make the payment but no payment was made; hence, the complainant served three legal notices on 30.11.2019, upon all the a
LAW POINTJoint complaint by two or more persons against an accused is not maintainable in dishonour of cheques.
The court reiterated that issues around cheque liability under Section 138 NI Act must be decided at trial, underscoring the necessity for allegations in complaints to be accepted as true at the quas....
The court emphasized the need for uncontrovertible material to support contentions raised in applications and held that the complaints should not be quashed at this stage.
The main legal point established in the judgment is that disputed questions of facts and alleged financial fraud require a full-fledged trial and cannot be decided at the stage of quashing the compla....
(1) Dishonour of cheques – Under Section 138 of NI Act, a separate cause of action arises upon each dishonour of a cheque provided statutory sequence of presentation, dishonour, notice, and failure t....
A single complaint for dishonour of multiple cheques is maintainable under Section 138 of the NI Act if they arise from a single transaction, and account blockage does not exempt liability.
Dishonour of cheque – Consequences of scuttling criminal process at a pre-trial stage can be grave and irreparable.
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