Back
HARSH BUNGER
K. K. Tractors – Appellant
Versus
Mahindra and Mahindra Limited – Respondent
| Table of Content |
|---|
| 1. factual background of the complaint under section 138. (Para 1 , 2 , 3) |
| 2. court's observations on the evidence and maintenance of the complaint. (Para 4 , 5 , 6 , 7 , 19 , 20) |
| 3. arguments of petitioners regarding liability and cheque validity. (Para 8 , 9 , 10 , 11 , 12 , 13 , 15 , 16 , 17) |
| 4. court's reasoning on the maintenance of proceedings. (Para 18 , 22) |
| 5. conclusion dismissing the petition. (Para 23 , 24) |
JUDGMENT
Harsh Bunger, J. (Oral)
The present petition has been filed by the petitioners under Section 482 of the Code of Criminal Procedure, seeking quashing of complaint bearing No.NACT-852 of 2020 dated 10.08.2020 moved under section 138 of the Negotiable Instruments Act titled as "M/s Mahindra & Mahindra Limited v. M/s K.K. Tractors & others" along with all consequential proceedings arising out of it including order dated 30.10.2020 (Annexure P-8), whereby, they were ordered to be summoned for the offence under section 138 of the Negotiable Instruments Act.
2. Succinctly, respondent (M/s Mahindra and Mahindra Limited) filed a complaint under section 138 of the Negotiable Instruments Act against the present petitioners by stating that M/s K.K. Tractors, is
The issuance of a cheque establishes liability under Section 138 of the Negotiable Instrument Act, requiring the accused to rebut the presumption of its validity, which he failed to do.
A partner of an unregistered partnership cannot file a complaint under Section 138 of the Negotiable Instruments Act without express authority, as per Section 69(2) of the Partnership Act.
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.
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
