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N. ANAND VENKATESH
S. Kalavathy – Appellant
Versus
J. Prema, Proprietrix, M/s. Sairam Enterprises – Respondent
ORDER :
N. Anand Venkatesh, J.
(Prayer : Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to call for the records relating to case in C.C.No.5110 of 2020, on the file of the Fast Track Court II, Metropolitan Magistrate Egmore, Chennai and quash the same so far as the petitioners 1 to 3/Accused A.2-4 are concerned.)
This petition has been filed challenging the proceedings pending in C.C.No.5110 of 2020, on the file of the Fast Track Court II, Metropolitan Magistrate Egmore, Chennai.
2. The respondent filed a complaint under Section 138 of the Negotiable Instruments Act, 1881 against four accused persons. The petitioners were arrayed as A2 to A4.
3. The specific case of the respondent/complainant is that he was a tenant in the property and that he had vacated the property and towards the refund of the security deposit, a cheque was issued by A1 for a sum of Rs.5,00,000/-. This cheque was deposited and it was dishonored. Thereafter, statutory notice was issued and since the cheque amount was not repaid back, the complaint came to be filed before the Court below.
4. The above complaint has been challenged by A2 to A4 on the ground that they are not the drawer
Only the drawer of the cheque can be made an accused under Section 138 of the Negotiable Instruments Act, with the exception of directors/partners being vicariously liable for the debt/liability of t....
Only the drawer of the cheque can be prosecuted under Section 138 of the Negotiable Instruments Act, and joint account holders cannot be held liable unless the cheque has been signed by each and ever....
An individual can only be held liable under Section 138 of the NI Act if they are the drawer of the cheque and maintain the account from which it is issued.
Liability under Section 138 of the N.I. Act requires the accused to be a signatory to the dishonored cheque, and the provisions of Section 141 regarding the liability of a company, firm, or associati....
Only the drawer of a cheque is liable under Section 138 of the Negotiable Instruments Act.
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