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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
SANDEEP JAIN
Madhu Singh – Appellant
Versus
State of U.P. – Respondent
JUDGMENT :
SANDEEP JAIN, J.
1. The instant application has been filed for the following reliefs:-
"It is, therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to stay the impugned summoning order dated 03.07.2006 passed in Complaint Case No.958 of 2006 (Hari Om Pathak Vs. Rahul & others) under Section 138 of the N.I. Act, Police Station Kavi Nagar, District Ghaziabad.
It is, further prayed that this Hon'ble Court may graciously be pleased to quash the proceedings of Case No.958 of 2006 (Hari Om Pathak Vs. Rahul & others) under Section 138 of the N.I. Act pending in the court of Special Judge, C.B.I., Ghaziabad."
2. The factual matrix of the case is that the complainant/respondent no. 2, Hari Om Pathak, filed a criminal complaint against the applicant Madhu Singh and co-accused Rahul Thind (her friend) under Section 138 of the Negotiable Instruments Act, 1881, as well as under Section 420 IPC, with the allegations that relations between the complainant and Rahul Thind were very cordial ad due to this, the complainant advanced Rs. 3,00,000/- and Rs. 5,00,000/- in December, 2004 as loan for business purposes, on the assurance that the said amount would be r
A person who is not a signatory to the cheque cannot be prosecuted under Section 138 of the Negotiable Instruments Act, 1881, for the offence of dishonour of cheque for insufficiency of funds.
A joint account holder cannot be prosecuted under Section 138 of the NI Act unless the cheque is signed by each and every joint account holder.
(1) Dishonour of cheque – A person might have been jointly liable to pay debt, but if such a person who might have been liable to pay debt jointly, cannot be prosecuted unless bank account is jointly....
Only the drawer of the cheque can be prosecuted under Section 138 of the Negotiable Instruments Act, and joint account holders cannot be held vicariously liable for the acts of the drawer.
(1) Dishonour of cheque – Offence by company – It is drawer Company which must be first held to be principal offender under Section 138 of NI Act before culpability can be extended, through a deeming....
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