Back
RAJEEV MISRA
Aarti Industries – Appellant
Versus
State of U. P. – Respondent
JUDGMENT
Rajeev Misra, J.
Heard Mr. Sagir Ahmad, the learned senior counsel assisted by Mr. Syed Irfan Ali, the learned counsel for applicant, the learned A.G.A. for State and Mr. Gaurav Kakkar, the learned counsel representing first informant/opposite party-2.
2. Perused the record.
3. This application under Section 482 Cr.P.C. has been filed challenging the Summoning Order dated 22.11.2021 passed by Additional Chief Judicial Magistrate, Khurja, Bulandshahar, in Complaint Case No. 701 of 2021 (M/s Naresh Potteries v. M/s Aarti Industries) under Section 138 N.I. Act, Police Station-Kotwali Khurja Nagar, District-Bulandshahar, as well as the entire proceedings of aforementioned complaint case, now pending in the court of Additional Chief Judicial Magistrate, Khurja, Bulandshahar.
4. Record shows that applicant gave a cheque dated 10.07.2021 bearing no. 086295 valued at Rs. 1,70,46,314/- drawn on Central Bank of India, Khurja Branch, Khurja. Aforesaid cheque was presented by the complainant-opposite party 2 in his bank namely HDFC Bank, Khurja on 12.07.2021. However, the same was returned unencashed, vide return memo dated 13.07.2021 with the remark "insufficient funds". In view of ab
A power of attorney holder cannot file a complaint under Section 138 N.I. Act in his own name; he must act on behalf of the principal and possess knowledge of the transaction.
(1) Dishonour of cheque – In cases where payee/complainant is company, all that is necessary to be demonstrated before Magistrate is that complaint is filed in name of payee.(2) Dishonour of cheque ....
Power of attorney holders can file cheque dishonour complaints if they possess personal knowledge of the transaction; absence of such knowledge may invalidate the complaint.
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....
(1) Dishonour of cheque – When, complainant/payee is a company, an authorized employee can represent company.(2) Dishonour of cheque – Dismissal of a complaint at threshold by Magistrate on question ....
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....
A power of attorney holder can file a complaint under Section 138 of the NI Act if they have personal knowledge of the transaction, and this must be explicitly stated in the complaint.
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 ....
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
