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AMARJOT BHATTI
Sidhi Vinayak Agencies – Appellant
Versus
Kalatmika Designs Pvt. Ltd. – Respondent
JUDGMENT :
(Amarjot Bhatti, J.)
Petitioners M/s Sidhi Vinayak Agencies, through its Proprietor Ajay Sharma and Ajay Sharma in his personal capacity filed present criminal revision against impugned judgment dated 02.09.2023 and quantum of sentence dated 04.09.2023 passed by learned Additional Sessions Judge, Ludhiana, whereby appeal filed by appellant M/s Sidhi Vinayak Agencies, through its Proprietor Ajay Sharma was dismissed and judgment of conviction and quantum of sentence dated 13.02.2020 passed by learned Judicial Magistrate Ist Class, Ludhiana was upheld and petitioners were sentenced to undergo rigorous imprisonment for a period of two years and to pay compensation of Rs. 60 lacs for the offence punishable under Section 138 of Negotiable Instruments Act.
2. Brief facts of the case are M/s Kalatmika Designs Private Limited was a private company and was having a business of import and export of yarn and readymade garments. Accused No. 2 Ajay Sharma had earlier represented to complainant that his firm M/s Sidhi Vinayak Agencies was a partnership concern and he and his wife Manju Sharma were its working partners and were incharge of firm and responsible for conduct and business o
The court upheld the conviction under Section 138 of the Negotiable Instruments Act, emphasizing the presumption of liability and the validity of the complaint filed by an authorized agent.
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.
The case established the importance of specific allegations and the requirement to arraign the company as an accused in matters of vicarious liability under Section 138 of the Negotiable Instruments ....
Dishonour of cheque – Company/Firm is a necessary party where offence has been committed on behalf of Company/Firm.
The main legal point established in the judgment is that a complaint filed without proper authorization and the failure to include the partnership firm as a co-accused renders the complaint not maint....
Dishonour of cheque – In absence of partnership firm being arraigned as an accused, both complaint petitions against partner of firm were not maintainable.
In revisional jurisdiction, concurrent conviction under Section 138 NI Act upheld where accused admits cheque issuance but fails to rebut presumption of debt with evidence, rejecting unsupported secu....
Directors can be held liable for offenses under the Negotiable Instruments Act if they are in charge of the company's affairs at the time of the offense, regardless of their resignation, unless they ....
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