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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
AYUSH GARG – Appellant
Versus
SUDESH KUMAR – Respondent
JUDGMENT :
MANISHA BATRA, J.
1. The instant petition has been filed under Section 482 of Cr.P.C. seeking quashing of complaint bearing NACT No. 66 of 2019 titled as Sudesh Kumar v. Ayush Kumar Garg, filed under Sections 138 and 142 of Negotiable Instruments Act, 1881 (for short ‘NI Act’) which is pending before the Court of learned Sub Divisional Judicial Magistrate, Hansi along with all the subsequent proceedings having emanated therefrom including the order dated 13.05.2019, whereby the present petitioner had been ordered to be summoned as an accused and had been called upon to appear and to face trial for commission of aforementioned offence.
2. Brief facts of the case relevant for the purpose of disposal of present petition are that the aforementioned complaint has been filed by the respondent under Section 138 of the N. I. Act against the petitioner/accused on the allegations that the petitioner had borrowed a sum of Rs.5 Lakhs from him in three installments and had promised to pay the same back within a short time. When the respondent insisted him for repayment of his money, the petitioner had issued a cheque for a sum of Rs. 5 Lakhs to him. This cheque was, however, dishonoure
For maintaining a prosecution under Section 138 of the Negotiable Instruments Act, arraigning of the company as an accused is imperative. The person in charge of the company cannot be held liable if ....
The company must be summoned as an accused in Section 138 N.I. Act cases for proceedings against its Directors to be valid.
The main legal point established in the judgment is that a complaint filed by a company under Section 138 of the Negotiable Instruments Act must be in the name of the company and can be represented b....
Prosecution under Section 138 of the N.I. Act is not maintainable against signatories of a cheque unless the firm, as the drawer, is also arraigned as an accused.
Specific averments regarding a director's role and responsibility are essential for vicarious liability under Section 141 of the N.I. Act; mere designation is insufficient.
Directors and company secretary can be held liable under Section 138 and 141 of the NI Act if they are responsible for the day-to-day affairs of the company or if their negligence, connivance, or con....
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