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1995 Supreme(Mad) 71

JANARTHANAM
N. Doraisamy and Others – Appellant
Versus
Archana Enterprises and Others – Respondent


Advocates:
M. Karpagavinayagam, Ramesh for M/s. Row and Row, R.M. Kannappa Rajendran, K. Govindarajan, V. Gopinath and T. Surendran, for Petitioners.
A.S. Vigjayaraghavan, N. Thiagarajan, N.T. Vanamamalai, SeniorCounsel, V. Padmanabhan, for Respondents. P.N. Prakesh, E. Raja, Government Advocate, for State.

Judgment :

In all these actions, I rather feel, there is no need or necessity to advert to the facts of each case. In as much as, what is challenged is the alleged commission of offence by certain companies, under Sec. 138 of the Negotiable Instruments Act, 1881 (Act No.XXVI of 1881 as subsequently amended for short ‘NI Act’) for dishonour of cheques on account. of either of the two contingencies or eventualities, as contemplated therein, viz., ‘insufficiency of the amount of money standing to the credit of the account of the person’, or ‘it exceeded the amount arranged to be paid from the account of a person by an agreement with that Bank’ for which, prosecution had been launched by preferring individual complaints before competent courts of jurisdiction purely on questions of law relatable to the interpretation of the relevant provisions of the NI Act, by raising the following grounds:

(1) The offence was committed by the company and not by the petitioner:

(2) The prosecution of the petition, without the company being made an accused, is not sustainable in law; and

(3) Even if the prosecution can be launched against the petitioner, the individual complaint is devoid of necessary a









































































































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