Back
IN THE HIGH COURT OF JUDICATURE AT MADRAS
M.Nirmal Kumar
Ajith S.Lulla – Appellant
Versus
Francis Xavier Singhraj – Respondent
ORDER :
M. Nirmal Kumar, J.
The petitioner as a complainant filed private complaints for offence under Section 138 of the Negotiable Instruments Act, 1881 against the respondent in S.T.C.Nos.47/2021, 17/2021, 50/2021, 769/2021, 49/2021, 48/2021, 16/2021 and 42/2020 on the file of the learned Judicial Magistrate, Thiruvottiyur. The Trial Court by impugned order dated 26.05.2023 dismissed the complaint. Aggrieved over the same, the present leave petition and appeal filed.
2. The contention of the petitioner is that the petitioner/complainant who is doing money lending business had good terms with the respondent, who used to regularly borrow money from the petitioner for several years. M/s.Francis Kanoi Marketing Planning Services (Pvt.) Ltd., is a family Company managed and run by the respondent, his wife along with other Directors. The petitioner and the respondent had a running account and there were lending and repayment on a regular basis. After 2014-2015, the respondent failed to make timely repayments and the respondent was in the habit of postponing the payment. During the year 2019-2020, several letters exchanged between the petitioner and the respondent in his personal capacity
Joint trials in separate complaints can lead to unfair outcomes when not adhering to procedural requirements; personal knowledge is essential for power agents in prosecuting cheque dishonour cases.
The main legal point established in the judgment is that a complaint filed by a company under Section 138 of the Negotiable Instruments Act must be in the name of the company and can be represented b....
: Dishonour of cheque – In a case where complainant is a company, an authorized employee can represent the company – Once averment to this effect is made in complaint, it is sufficient for Magistrate....
Punishment under Section 138 of Act is not a means of seeking retribution but a means to ensure payment of money.
Power of attorney holders can file cheque dishonour complaints if they possess personal knowledge of the transaction; absence of such knowledge may invalidate the complaint.
A company complaint filed without proper authorization is deemed invalid, emphasizing the requirement for competence in legal representation.
The liability of the company and its officers under Section 141 of the Negotiable Instruments Act was established based on the specific averments in the complaint and the company's reply, and the cou....
A company can authorize an employee to file a complaint under the Negotiable Instruments Act, and a signed blank cheque can create a presumption of liability unless rebutted by the accused.
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
