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NI act - Sec 138 - cheque - dishonour - company

2015 STPL(Web) 1602 SC [2015(5) SCALE 16] SUPREME COURT OF INDIA (SUDHANSU JYOTI MUKHOPADHAYA AND N.V. RAMANA, JJ.) CHARANJIT PAL JINDAL Appellant VERSUS L.N. METALICS Respondent Criminal Appeal No.402 of 2015 (Arising out of SLP (Crl.) No. 1001 of 2013)-Decided on 24-2-2015.

Negotiable Instruments Act, 1881, Sections 138, 141 – Dishonour of Cheque – Company not Made Accused - Offence by company – Arraigning director only and company not arraigned – Held that for maintaining the prosecution u/s 141 of the Act, arraigning a company as an accused is imperative - Appellant only was impleaded as an accused complaint with respect to the offence u/s 138 read with 141 of the Act was not maintainable -Judgment dated 17.4.2010 passed by the Trial Court, order dated 27.5.2011 passed by the Appellate Court and the impugned judgment dated 09.11.2012 passed by the High Court liable to be set aside and the appellant liable to be acquitted. (Paras 11 and 12)

Cases Referred :
Aneeta Hada v. M/s. Godfather Travels & Tours Private Limited, (2012) 5 SCC 661.
Sheoratan Agarwal v. State of Madhya Pradesh, (1984) 4 SCC 352.
State of Madras v. C.V. Parekh, (1970) 3 SCC 491. Advocate(s): For the Appellant(s):- Mr. Anil K. Jha, Advocate.
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