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HIGH COURT OF JAMMU AND KASHMIR
MR. JUSTICE RAJNESH OSWAL, J
Sh. Vaibhav Singh S/o. Dr. Veer – Appellant
Versus
Sh. Taushar Gaind S/o. Sh. Anil – Respondent
चेक पर हस्ताक्षर करने वाले व्यक्ति का होना आवश्यक है। (!)
| Table of Content |
|---|
| 1. complaint involves loans leading to cheque dishonor. (Para 1 , 2 , 3) |
| 2. petitioner’s claim to be falsely implicated in the complaint. (Para 4 , 6 , 7) |
| 3. clarification of liability under ni act for dishonor of cheques. (Para 8 , 9 , 10 , 11) |
| 4. director not liable if cheque not drawn by them. (Para 12) |
| 5. court quashes the complaint based on the above reasoning. (Para 13 , 14) |
JUDGMENT
1. The respondent No. 1/complainant has filed a complaint under section 138 Negotiable Instrument Act (for short „the NI Act‟) against the petitioner as well respondent Nos. 2 and 3, which is pending adjudication before the court of Special Excise Mobile Magistrate, Jammu (hereinafter to be referred as „the trial court‟). In the complaint, it is stated by the respondent No. 1 that respondent No. 2 is a company, involved in the business of event management whereas respondent No. 3 and the petitioner are the directors of respondent No. 2-company. The respondent No.1 and the petitioner & the respondent No. 3 are known to each other for the past many years and in the month of August 2018, the petitioner approached the respondent No. 1 on behalf of respondent Nos. 2 and 3 for establishing
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