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IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU
SANJAY DHAR
Ankur Jain – Appellant
Versus
Ashwani Khajuria – Respondent
JUDGMENT :
SANJAY DHAR, J.
01. The petitioner, through the medium of the present petition, has challenged the complaint filed by the respondent against him alleging commission of offence under Section 138 of Negotiable Instruments Act, 1881 (hereinafter to be referred to as “Act”), which is stated to be pending before the Court of learned Chief Judicial Magistrate, Udhampur (hereinafter to be referred to as “trial Magistrate”). Challenge has also been thrown to order dated 22.09.2016 whereby cognizance of offence has been taken and summons have been issued to the petitioner.
02. As per the impugned complaint, the petitioner/accused is the Managing Director, incharge and responsible for the conduct of business of M/s Noida Software Technology Park Ltd, which is running the business to provide service of satellite paid channels under the name and style of “Jainhits”. It has been alleged that the respondent is a customer of the said business and the parties have business relations for the last two years. On 15.04.2016, the petitioner/accused is stated to have demanded a loan for an amount of Rs. 23,00,000/- (Rupees Twenty Three Lacs) from the respondent/complainant for carrying out his b
A Company Secretary, who is not involved in the day-to-day affairs of the company and is not responsible for the conduct of its business, cannot be held criminally liable for a dishonored cheque issu....
Prosecution of company is mandatory condition precedent under Section 141 NI Act for vicarious liability of directors; complaints against directors quashed without impleading company.
The main legal point established in the judgment is the necessity of impleading the company as an accused for maintaining the prosecution under Section 141 of the Negotiable Instruments act, 1881.
The main legal point established in the judgment is that a complaint filed by a company under Section 138 of the Negotiable Instruments Act must be in the name of the company and can be represented b....
When no offence is attributable to the Company, it is not possible to attach liability on the Managing Director by the deeming provisions of Section 141 of the N.I. Act.
The main legal point established in the judgment is the necessity of arraigning the company as an accused for maintaining the prosecution under Section 141 of the NI Act, and the requirement of speci....
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....
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.
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