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W. DIENGDOH
Sarita Harish Kanchan – Appellant
Versus
Miss Riya Bawri – Respondent
JUDGMENT
1. Several criminal complaint petitions identical and similar in nature were filed before the Court of the learned Additional Deputy Commissioner (Judicial) at Shillong. The complainant in all the said complaint petitions is the respondent No. 1 herein. Again, in all the complaint petitions the same set of accused persons were arrayed viz;
i) M/s Twelve Baskets (Registered Firm);
ii) Mr. Sachhidanand Kanchan;
iii) Mr. Mark Alexander Davidson; and
iv) Mrs. Sarita Harish Kanchan.
2. The complaint was made under Section 138 read with Sections 141 and 142 of the Negotiable Instruments Act, 1881 and also read with Sections 420 , 418, 417, 403, 409 and 406 IPC. The offences alleged is with regard to dishonour of cheques drawn on HDFC Bank, Kalapahar, Guwahati Branch by the respondent No. 2 Firm.
3. According to Annexure P-2 of criminal petition No. 38 of 2021 which is a copy of the order sheet reflecting the order dated 05.02.2020 passed by the learned Judicial Magistrate First Class, Shillong, it is seen that the learned Magistrate had perused the statement of the complainant/respondent No. 1 which was filed by way of an affidavit, whereupon the learned JMFC has taken cognizance of th
Clear and specific averments are necessary in criminal complaints under N.I. Act to hold individuals vicariously liable; mere association with a firm or vague allegations are insufficient.
(1) Dishonour of cheque – Offence by company – For fastening criminal liability, there is no legal requirement for complainant to show that accused partner of firm was aware about each and every tran....
Partners of a firm are jointly and severally liable for cheque dishonor under the Negotiable Instruments Act, irrespective of whether a partner has formally resigned, as long as they were part of the....
Prosecution against a partner of a partnership firm under Section 138 of the N.I. Act is not maintainable without including the firm as an accused, affirming the principle of vicarious liability.
Partners in a partnership firm are jointly and severally liable under the Negotiable Instruments Act for dishonoured cheques, and mere designation does not incur liability without stated managerial i....
Partners in a partnership can be held jointly and severally liable for business transactions; mere association does not imply vicarious liability without specific allegations.
Specific averments are necessary to establish the liability of a Director under Section 141 of the Negotiable Instruments Act; mere designation is insufficient.
Directors cannot be prosecuted under Section 138 of the NI Act without the company being joined as an accused, as vicarious liability requires the company to be a party to the proceedings.
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