Back
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Mr. Justice Ambuj Nath, J
Rekha Khetawat, W/o Mr. Kamal Khetawat – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
Ambuj Nath, J.
Petitioner has filed this application for quashing of the entire criminal proceeding including order dated 13.09.2019, passed by Shri Rajeev Tripathi, learned Judicial Magistrate, Ranchi in Complaint Case No. 2902 of 2019, whereby and wherein, the learned Magistrate after inquiry, found the prima facie case to be true under section 138 of the Negotiable Instruments Act and ordered for issuance of summon against the petitioner.
2. Case of the opposite party is that the co-accused Ripunjay Prasad Singh, who was the Director of M/s Morias Infrastructure Private Limited and the present petitioner who was the CEO of M/s Kanodia Builders LLP, Goregaon, Mumbai had entered into an agreement for purchase of land with the opposite party no. 2 appertaining to Khewat No. 10, Khata No. 189, Plot No. 573, ad-measuring an area of 2.81 acres for a consideration amount of Rs. 11,64,50,000/-. The co-accused Ripunjay Prasad Singh, Director of M/s Morias Infrastructure Private Limited issued cheque of Rs. 50.00 lakhs as part payment. However, Co- accused Ripunjay Prasad Singh informed the opposite party no. 2 that he has paid the rest of amount through RTGS. Thereafter, the oppo
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....
Maintaining the prosecution under Sec. 141 of N.I. Act requires the company to be arraigned as the accused.
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.
The main legal point established in the judgment is the application of vicarious liability under section 141 of the Negotiable Instrument Act and the limitations on the High Court's jurisdiction when....
The central legal point established in the judgment is that maintaining the prosecution under Section 141 of the N.I. Act requires the company to be arraigned as an accused, and without fulfilling th....
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....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
