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2021 Supreme(UK) 150

ALOK KUMAR VERMA
Ramesh Nagarkoti – Appellant
Versus
Kedar Datt Purohit – Respondent


Advocates Appeared:
Sanjay Kumar, Advocate, Yogesh Kumar Pacholia, Advocate

Judgement Key Points

Key Points: - (!) - (!) - (!) - (!) - (!) - (!) - (!) - (!) - (!) - (!)

What is the main question whether a partner of a firm can be prosecuted under Section 138 of the Negotiable Instruments Act without the firm being arraigned as an accused?

What is the role of Section 141 (Offences by companies/partnerships) in holding individuals vicariously liable when the firm is a partner but not arraigned?

What is the effect of presumption under Sections 118 and 139 of the Negotiable Instruments Act on proving debt or liability in a Section 138 case?


JUDGMENT

Alok Kumar Verma, J. - This appeal, by special leave, is preferred by the appellant-complainant against the judgment and order dated 30.11.2018, passed by the learned Chief Judicial Magistrate, Almora in Complaint Case No.01 of 2018, "Ramesh Nagarkoti vs. Kedar Datt Purohit", whereby the learned trial court acquitted the respondent-accused from the offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (for short "the Act, 1881").

2. As per the averments made in the complaint, the complainant and the accused were businessmen and the complainant had good relations with the accused, who was the proprietor of "Purohit Agency." The accused made a request to the complainant that he was in need of money for his business work and for purchasing a house. He assured the complainant to return the amount as early as possible. Due to the relationship, the complainant deposited time to time Rs.19,45,000.00/- through NEFT/RTGS in the account of the accused's proprietorship firm "Purohit Agency" and Rs.55,000.00/- through cash payment on credit. In the said deposited amount, a sum of Rs.1,90,000/- was deposited by the complainant through Gopal Singh (PW-2). The compla

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