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SAURABH SHYAM SHAMSHERY
Kitply Industries – Appellant
Versus
State of Uttar Pradesh – Respondent
JUDGMENT :
(Saurabh Shyam Shamshery, J.) :
1. Present bunch of applications filed under Section 482 Cr.P.C. are arising out of commercial transaction between parties, wherein number of cheques allegedly issued in favour of Complainant by applicant Company were got dishonoured and the Complainant has initiated separate proceedings under the provisions of Section 138 of Negotiation Instruments Act, 1881 (hereinafter referred to as “NI Act”).
2. Legal and factual issue involved in all cases are common, therefore, all the applications are being decided by this common judgment.
Factual Matrix
3. In order to appreciate factual and legal issue involved in present cases, it would be relevant to reproduce relevant documents annexed in leading matter being Application under Section 482 No. 617 of 2020 as under:
A. Complainant has filed a complaint under Sections 138, 141 and 142 of NI Act and the same in its entirety is reproduced hereinafter:
B. Chief Judicial Magistrate, Rampur vide impugned order dated 13.08.2012 summoned applicants No. 2 to 5, (the Company, i.e., Applicant No. 1 was not summoned since it was not arrayed as an accused) to face trial and said order is reproduced hereinafter:
A complaint under Section 138 of the Negotiable Instruments Act is not maintainable without the principal offender, the company, being arrayed as an accused, as established by the Supreme Court in An....
Prosecution under Section 138 N.I. Act necessitates the company as the primary accused, without which proceedings against individuals related to the company are invalid.
The main legal point established in the judgment is that compliance with legal provisions, including the conduct of an inquiry as required under Section 202(1) Cr.P.C., and the applicability of Secti....
The judgment established the legality of amendments in complaints, the vicarious liability of individuals in a firm under Section 141 of the NI Act, and the burden of proof on the accused.
The main legal point established in the judgment is that the notice to the accused under Section 138(b) of the N.I. Act is not mandatory if the company and other directors have been served with statu....
Point of Law : On face of the record, participation of applicants is not found in the day to day functioning of Company, hence, on basis of the version that defence would be seen at the time of evide....
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