Back
IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.S.DIAS, J
SUDHA BALAJI – Appellant
Versus
STATE OF KERALA – Respondent
| Table of Content |
|---|
| 1. facts of complaint against accused. (Para 1 , 2 , 3) |
| 2. observations related to application of n.i. act. (Para 4 , 5 , 10 , 11) |
| 3. arguments on liability of the petitioner. (Para 6 , 7) |
| 4. legal requirements for vicarious liability. (Para 8 , 9) |
| 5. conclusion and dismissal of the crl. m.c. (Para 15) |
ORDER
The petitioner is the 3rd accused in S.T.No.981 of 2022 on the file of the Court of the Judicial Magistrate of First Class-III (Mobile), Ernakulam ('Trial Court', in short), which has been filed by the 2nd respondent alleging the commission of the offences punishable under Sections 138 to Section 143 of the Negotiable Instruments Act , 1881 ('N.I Act', for brevity).
2. The case of the 2nd respondent in Annexure A1 complaint, in a nutshell, is as follows:
The complainant (2nd respondent) had leased her building to the 1st accused company (3rd respondent), represented by its Managing Director, the 2nd accused (4th respondent) and its other directors, namely, the accused Nos. 3 and 4 (the petitioner and the 5th respondent). In discharge of the arrears of rent, the 1st accused had issued four cheques to the complainant. The cheques were executed by the 2nd accused with the
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
