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SANJAY KUMAR DWIVEDI
Ripunjay Prasad Singh, son of Late Bhuneshwar Prasad Singh – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
In both the writ petitions, the common question of fact and law are involved and in view of that both the writ petitions are being heard together with consent of the parties.
2. Heard learned counsel appearing for the petitioner, learned counsel appearing for the respondent State and learned counsel appearing for the Respondent No.2.
3. W.P.(Cr.) No.485 of 2024 has been filed for quashing of the entire criminal proceeding including the order dated 18.09.2019 passed by learned Judicial Magistrate, ranchi in connection with Complaint Case No.2902 of 2019 whereby the summons have been issued against the petitioner under Section 138 of the Negotiable Instruments Act pending in the Court of learned Judicial Magistrate, 1st Class, Ranchi.
4. W.P. (Cr.) No.486 of 2024 has been filed for quashing the entire criminal proceeding including the order dated 13.09.2019 passed by learned Judicial Magistrate, Ranchi in connection with Complaint Case No.2959 of 2019 under Section 138 of Negotiable Instruments Act wherein the petitioner has been summoned and the matter is pending in the Court of learned Judicial Magistrate, 1st Class, Ranchi.
5. The story of both the complaint case is almost s
Directors can be held liable under Section 138 of the Negotiable Instruments Act even if the company is not named as an accused, provided they are responsible for the company's conduct.
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.
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 ....
Vicarious liability under Section 138 of the Negotiable Instruments Act requires the company to be named as an accused; absence of the company renders the complaint against the individual not maintai....
An individual in a company cannot be vicariously liable for criminal offenses under the NI Act unless they are responsible for the company's conduct at the time of the offense.
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....
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