Back
JASJIT SINGH BEDI
Rachna – Appellant
Versus
Joginder Singh – Respondent
JUDGMENT
Mr. Jasjit Singh Bedi, J. (Oral)
The prayer in the present petition under Section 482 Cr.P.C. is for quashing of the complaint bearing No.NIACT/944/2019 titled as 'Joginder Singh v. Rachpal Singh and others' under section 138 of the Negotiable Instruments Act (Annexure P-3), the summoning order dated 13.03.2020 (Annexure P-2) under section 138 of the Negotiable Instruments Act, the order dated 29.11.2021 (Annexure P-1) passed in the revision petition and all subsequent proceedings arising therefrom.
2. The brief facts of the case are that the respondent No.1/complainant Joginder Singh filed a criminal complaint under section 138 of the Negotiable Instruments Act against Mr. Rachpal Singh son of Mehngu, Mrs. Rachna (petitioner), wife of Rachpal Singh and M/s Rachna Trading Company through Rachpal Singh. As per the allegations in the complaint, the accused were running a trading company under the name and style of M/s Rachna Trading Company and were acquainted with the complainant-party. The accused had taken a loan of Rs.10 lacs from the complainant-party. Mr. Rachpal Singh had furnished an affidavit dated 11.07.2019 admitting the receipt of Rs.6 lacs from Jasvir Singh son o
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.
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....
Words used in Section 138 of N.I.Act that “such person shall be deemed to have committed an offence” refers to a person who has drawn the cheque, but not any other person, except the contingencies me....
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....
(1) Dishonour of cheque – A person might have been jointly liable to pay debt, but if such a person who might have been liable to pay debt jointly, cannot be prosecuted unless bank account is jointly....
The court's decision emphasized the strict conditions for prosecuting under Section 138 of the Negotiable Instruments Act, 1881, based on the definition of 'payee' and 'holder in due course'.
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
