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SUBHASH CHAND
Om Prakash Sharma – Appellant
Versus
State of Jharkhand – Respondent
ORDER :
1. This criminal revision has been preferred on behalf of the petitioner against the judgment dated 28th November, 2022 passed by the learned Sessions Judge, Bokaro in Criminal Appeal No. 13 of 2022, whereby and whereunder the learned appellate court while dismissing the appeal affirmed the impugned judgment of conviction and order of sentence dated 17th February, 2022 passed by the learned Judicial Magistrate 1st Class, Bokaro in Complaint Case No. 968 of 2018.
2. The brief facts leading to this criminal revision are that complainant Renu Sharma filed a complaint against Om Prakash Sharma with these averments that the husband of the complainant is the retired Senior Deputy Director (SAIL), Bokaro General Hospital. The accused Om Prakash Sharma was running a registered company in the name and style of Pioneer New Era Industries Limited situated at Bhootnath Mandir, Dumarjor, Dhanbad Road, Chas, Bokaro. The accused along with Ram Murat Sharma and his wife Malti Devi, who was acquainted with complainant came to the residence of the complainant and persuaded to invest Rs.10 lac in his company under a scheme telling the same very lucrative. At the first instant, the complainant a
The court affirmed that a cheque issued in an individual's capacity does not require the company to be impleaded as an accused, and the complaint was not time-barred.
The case established the importance of specific allegations and the requirement to arraign the company as an accused in matters of vicarious liability under Section 138 of the Negotiable Instruments ....
Dishonour of cheque – Company/Firm is a necessary party where offence has been committed on behalf of Company/Firm.
The proprietor of a sole proprietorship holding liability for a dishonored cheque under Section 138 NI Act does not require the business entity to be arrayed as an accused.
The main legal point established in the judgment is the interpretation and application of the provisions of Section 138 N.I. Act, Section 141 N.I. Act, and Section 219 Cr.P.C. in maintaining the comp....
The denial of liability and refusal to pay the cheque amounts by the accused constituted a valid cause of action for filing the complaint under Section 138 of the NI Act, despite being filed before t....
Interim compensation under Section 143-A of the NI Act requires a prima facie evaluation of the merits of the case; if disputes exist regarding cheque validity, compensation should not be granted.
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