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IN THE HIGH COURT OF JUDICATURE AT MADRAS
G.K.ILANTHIRAIYAN
Anand Prakash – Appellant
Versus
P. Shanmugam S/o Padmanaba Iyer – Respondent
ORDER :
1. This petition has been filed to quash the proceedings in C.C.No.329 of 2021 on the file of the learned Magistrate, Fast Track Court No.II at Magisterial Level, Coimbatore, thereby taken cognizance for the offence punishable under Sections 138 of the Negotiable Instruments Act (hereinafter referred to as “the NI Act”) as against the petitioner.
2. The petitioner is a third accused in the complaint lodged by the respondent for the offence punishable under Section 138 of the NI Act, alleging that the first accused is a partnership firm; the second accused is a manager and the third accused is a partner of the first accused company. The accused persons purchased a land owned by the respondent herein to an extent of 2 acres 49.5 cents comprised in different SF numbers on 06.07.2020, by the registered sale deed vide document No.3170 of 2020. The total sale consideration was fixed as Rs.75,00,000/-. However the sale deed was executed for the guide line value of Rs.8,27,735/- and the second accused assured that he would pay the balance sale consideration. That apart, the respondent herein supplied CCTV camera’s and its connected accessories to the first accused company for the ins
Vicarious liability under Section 141 of the Negotiable Instruments Act can only be imposed when the partner is in overall control of the day-to-day business of the firm, and the drawer of the cheque....
(1) Dishonour of cheque – Offence by company – For fastening criminal liability, there is no legal requirement for complainant to show that accused partner of firm was aware about each and every tran....
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.
Vicarious liability under Section 141 of the Negotiable Instruments Act requires the accused to be in overall control of the firm's business, and prosecution under Section 138 is limited to the drawe....
Liability of directors under Section 138 of the Negotiable Instruments Act depends on their active role and responsibility for the company's business conduct, not merely their directorship.
Question with regard to issuance of notice prior to initiation of proceedings under S.138 of the Act, being triable is to be decided by the trial court and on the basis of same, complaint cannot be o....
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.
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