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SHREE PRAKASH SINGH
Dinesh Hariram Valecha Director Valecha Engeering Ltd – Appellant
Versus
State of U. P. – Respondent
JUDGMENT
Shree Prakash Singh, J.
Heard Shri Vinay Khare, learned Senior Advocate assisted by Shri Sesh Mani and Ishan Khare, learned counsel for the applicant, Sri Girish Chandra Sinha, learned counsel for opposite party no. 2, Shri Nirmal Kumar Pandey, learned AGAI for the State and perused the material placed on record.
2. The instant application has been filed with a prayer to quash the summoning order dated-27.09.2016 passed by Judicial Magistrate Pratapgarh in Complaint Case No-264/16 filed by the Opposite Party no. 2 U/s-138 Negotiable Instrument Act, as well as subsequent order dated-10.10.2019 passed by Learned Judicial Magistrate Pratapgarh on order dated-02.06.2022 by means which issued N.B.W. as well as Section-82 Cr. P.C. against the petitioner in mechanical manner which is contained as Annexure No. 1, 2 & 3 so for relates to the petitioner. It is further prayed that this Hon'ble Court may kindly be pleased to stay the further proceedings of Complaint Case No-264/16 ( Jitendra Pratap Singh v. Dinesh Valecha ), U/s-138 Negotiable Instrument Act, summoning order dated-27.09.2016 passed by Learned Judicial Magistrate Pratapgarh as well as subsequent order dated-10.10.2019 by
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 company must be summoned as an accused in Section 138 N.I. Act cases for proceedings against its Directors to be valid.
A director's personal endorsement of a cheque can implicate a company in liability under the NI Act, reinforcing the scrutiny necessary in summoning orders.
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....
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 ....
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