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MANINDER S. BHATTI
Shree Minerals And Fuels Thr. Its Proprietor Vijay Garodia S/o Vishwnath Garodia – Appellant
Versus
Amit Kumar Chaterji S/o Asit Kumar Chaterji – Respondent
ORDER :
This application under Section 378(4) of Code of Criminal Procedure has been filed by the applicant seeking leave to file an appeal against the judgment of acquittal dated 24.7.2019 passed by Judicial Magistrate First Class, Katni in Criminal Case No. 1848 of 2012 whereby the respondent has been acquitted of the offence under Section 138 of the Negotiable Instruments Act.
2. The facts of the case, in short, are that towards transaction pertaining to purchase of coal, a cheque of Rs.1,05,000/- bearing No. 2476055 was issued by the respondent to the present applicant. The said cheque was submitted by the applicant with the Bank for encashment and got dishonoured and therefore, after giving legal notice to the respondent, the applicant filed a complaint under Section 138 of the Negotiable Instruments Act before the trial Court. The trial Court vide impugned judgment dated 24.7.2019 has dismissed the complaint and acquitted the respondent. Being aggrieved thereby, this application seeking leave to appeal has been filed by the applicant.
3. The counsel for the applicant submits that the trial Court while dealing with the complaint framed as many as 6 issues, which are discussed by
A cheque issued by a Firm does not implicate the proprietor unless the Firm is named in the complaint, requiring clear averments regarding sole proprietorship for liability under Section 138.
A cheque issued by a Firm does not implicate the proprietor unless the Firm is named as an accused; absence of sole proprietorship averment in the complaint is fatal.
A complainant must demonstrate ownership as the payee or holder in due course to maintain a complaint under Section 138 of the NI Act; failure to establish this results in dismissal.
Defects in authority to file a complaint under the Negotiable Instruments Act are curable, and acquittal on such technical grounds is erroneous.
A complaint under the Negotiable Instruments Act must be filed in the name of the corporate entity, and valid statutory notice of dishonour is a prerequisite for prosecution.
The legal principle established is that a complaint for dishonor of a cheque should be filed by the payee or holder in due course, and in this case, the appellant needed to establish his status as th....
The burden of proof lies on the complainant to establish the case beyond reasonable doubt in a complaint under Section 138 of the NI Act.
The main legal point established in the judgment is that the proprietor or partner of a firm can maintain a complaint under Section 138 of the N.I. Act in his own name as a holder in due course of th....
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