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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
VIRENDER SINGH
Gursev Singh – Appellant
Versus
Gopal Krishan – Respondent
| Table of Content |
|---|
| 1. cheque dishonoured due to account closed after vehicle sale. (Para 1 , 2 , 3 , 4) |
| 2. non-impleadment of drawer company violates section 141 ni act. (Para 5 , 6 , 7 , 8) |
| 3. opposing prayers on quashing summoning order. (Para 9 , 10 , 11) |
| 4. company alone is drawer; signatory not personally liable. (Para 12 , 13) |
| 5. section 319 inapplicable without prior notice to drawer. (Para 14 , 15) |
| 6. failure to notice company is incurable fatal defect. (Para 16 , 17) |
| 7. quash proceedings as abuse of process. (Para 18 , 19 , 20) |
JUDGMENT :
Virender Singh, J.
The petitioner has filed the present petition, under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, (hereinafter referred to as ‘the B.N.S.S.) for quashing order dated 6.5.2023, (Annexure P-3), passed by the Court of learned Chief Judicial Magistrate, Mandi, H.P. (hereinafter referred to as ‘the trial Court’), in Complaint No. 15-III/2023, titled as, “Gopal Krishan versus Gursev Singh”.
2. Vide order dated 6.5.2023, the learned trial Court has taken the cognizance of the offence, punishable under Section 138 of the Negotiable Instrument Act, and notice of accusation was put to the petitioner, on 17.6.2024.
3. Parties to
Authorized signatory of company cheque from company account is not 'drawer' under Section 138 NI Act; company is drawer and must be impleaded with notice served; non-impleadment fatal, proceedings qu....
(1) Dishonour of cheque – Offence by company – It is drawer Company which must be first held to be principal offender under Section 138 of NI Act before culpability can be extended, through a deeming....
Vicarious liability under Section 141 of the N.I. Act arises only when the company or firm commits the offense as the primary offender, and the accused must be the drawer of the cheque to be held lia....
Prosecution under Section 138 N.I. Act necessitates the company as the primary accused, without which proceedings against individuals related to the company are invalid.
Liability under Section 138 of the Negotiable Instruments Act primarily rests on the drawer of the cheque, which in this case is the institution, not the individual signatory, thus prosecution agains....
A person who is not a signatory to the cheque cannot be prosecuted under Section 138 of the Negotiable Instruments Act, 1881, for the offence of dishonour of cheque for insufficiency of funds.
An individual cannot be prosecuted under Section 138 of the NI Act if they did not issue the cheque drawn on their account. Liability regulations do not extend to directors not involved with the cheq....
For maintaining a prosecution under Section 138 of the Negotiable Instruments Act, arraigning of the company as an accused is imperative. The person in charge of the company cannot be held liable if ....
Valid service of notice to a chief executive in capacity as signatory constitutes notice to the company, and technical defects in party arraignment are curable, promoting justice in commercial transa....
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