Back
HARPREET SINGH BRAR
Charanjeet Singh – Appellant
Versus
Kulwant Singh – Respondent
| Table of Content |
|---|
| 1. context of loan agreement and cheque issuance. (Para 2) |
| 2. loan being disputed; cheque bounced. (Para 3) |
| 3. arguments on cheque liability and notice. (Para 4 , 5) |
| 4. court's analysis of drawer liability. (Para 6 , 7 , 8) |
| 5. complaint quashed due to invalid notice. (Para 9) |
JUDGMENT :
Harpreet Singh Brar, J.
This order shall decide both the above mentioned petitions as they arise from identical factual matrix. However, for the sake of brevity, the facts are taken from CRM-M-54012-2023.
2. The present petition has been preferred under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter ‘Cr.P.C.’) seeking quashing of complaint bearing No. 169 of 2019 titled ‘ Kulwant Singh vs. Jasbir Kaur and Another ’ under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter ‘NI Act’) as well as summoning order dated 19.09.2022 (Annexure P-5) passed by learned Judicial Magistrate 1st Class, Samrala and all subsequent proceedings arising therefrom.
3. Briefly, the facts, as alleged, are that in the Month of May, 2018, the petitioner approached the respondent for a friendly loan of Rs.7,50,000/- to expand his business. At the time of taking the said loan, the petit
Under Section 138 of the Negotiable Instruments Act, only the drawer of a cheque can be prosecuted; improper notice destroys maintainability.
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....
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....
A proper demand notice under Section 138 of the Negotiable Instruments Act is essential before initiating proceedings; failure to comply invalidates the complaint.
The acknowledgment note appended by the postman and the registered receipt of the post office were crucial in proving the service of notice, influencing the court's decision to hold the respondent gu....
The correct service of statutory notice of demand, including sending it to the correct address of the drawer of the cheque, is essential for establishing the pre-condition for filing a complaint unde....
A joint account holder cannot be prosecuted under Section 138 of the Negotiable Instruments Act unless they are a signatory to the cheque.
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
