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SUNITA YADAV
MAHESH SINGH JADON – Appellant
Versus
RADHA SHARAN DUBEY – Respondent
ORDER : – The present petition under section 482 of Criminal Procedure Code has been filed seeking quashment of the cognizance order dated 14-11-2019 and further proceedings pending before Judicial Magistrate, First Class, Gwalior (M. P.) in case No. 2592/2019 (Private Complaint), arising out of private complaint made under section 138 of Negotiable Instrument Act, 1981.
2. The necessary facts for disposal of the present petition in short are that the petitioner is an accused under the proceedings initiated under section 138 of Negotiable Instrument Act pending in the Court of Judicial Magistrate, First Class, Gwalior (M. P.). As per the case of the complainant, a loan of Rs. 11 lakhs has been taken in November, 2018 by the petitioner from the respondent/ complainant. When the respondent/complainant asked to return of amount of Rs. 11 lakhs, then the petitioner/accused provided Rs. 11 lakh through Shri Rajendra Shukla s/o Shri Rameshwar Das Shukla to the complainant on 25-3-2019. After passing of two months, the respondent/complainant asked to return the money from the petitioner/accused, then the petitioner/accused gave of cheque of State of Bank of India, Branch A.D.B. Joura, Dis
The provisions of section 141 of the Negotiable Instrument Act make persons in charge of a company's business vicariously liable for offences committed by the company. The complaint must establish th....
The main legal point established in the judgment is the application of vicarious liability under section 141 of the Negotiable Instrument Act and the limitations on the High Court's jurisdiction when....
Vicarious liability under Section 138 of the Negotiable Instruments Act requires the company to be named as an accused; absence of the company renders the complaint against the individual not maintai....
Vicarious liability under Section 141 of the N.I. Act arises only when the company or firm commits the offense as the primary offender, and the accused must be the drawer of the cheque to be held lia....
Prosecution under Section 138 of the N.I. Act is not maintainable against signatories of a cheque unless the firm, as the drawer, is also arraigned as an accused.
Point of Law : Section 141 of N.I. Act provides that for purpose of this Section, "company" means anybody corporate and includes a firm or other association of Individuals; and "director", in relatio....
Liability under Section 138 of the Negotiable Instruments Act primarily rests on the drawer of the cheque, which in this case is the institution, not the individual signatory, thus prosecution agains....
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