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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
HARPREET SINGH BRAR
Nanak Chand Tayal – Appellant
Versus
Manoj Singla – Respondent
JUDGMENT :
Harpreet Singh Brar, J.
1. This common order shall dispose of all five of the above-mentioned cases as they arise from the similar factual matrix. However, for the sake of brevity, facts are culled out from CRM-M-41774-2022.
2. The present petition is preferred under Section 482 of the Cr.P.C. seeking quashing of complaint no. NACT-3598 of 2020 dated 21.08.2020 titled 'Manoj Singla v. SRS Buildmart Pvt. Ltd and ors' under Sections 138, 141(1) and 141(2) of the Negotiable Instruments Act, 1881 (hereinafter referred to as the 'NI Act') and all subsequent proceedings arising therefrom including summoning order dated 25.04.2022 passed by learned Judicial Magistrate 1st Class, Faridabad (Annexure P-3) under Section 138 of the NI Act.
3. Briefly, the facts are that petitioner No.l is the Director of a company named SRS Buildmart Private Limited while petitioner No.2 is the Promoter, Organiser and Officer-in-Charge for the said company. On 04.07.2017, petitioners No.l and 2 asked the respondent to invest in their company and borrowed a sum of Rs.7,00,000/- from him, assuring him that it would be returned with interest at the rate of 1% per month. The petitioners-accused paid the in
The legal presumption under Section 139 of the NI Act favors the complainant, and factual disputes must be resolved at trial, not pre-trial.
The main legal point established in the judgment is that the role of each accused in the commission of the offence can only be determined during the trial and cannot be examined in detail by the cour....
The necessity of specific averments to fasten vicarious liability on a director under Section 141 of the N.I. Act, and the inability to quash the prosecution based on lack of specific averments in th....
The accused has the responsibility of spelling out their defense to the court and proving it.
Directors' liability under the Negotiable Instruments Act does not require specific averments if they signed the cheques on behalf of the company.
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