Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Negotiable Instruments Act 1881: s. 141 - Offence by companies/firms |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Negotiable Instruments Act, 1881 (26 of 1881) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Negotiable Instruments Act, 1881: s. 141 - Offence by companies/firmsĀ· - Dishonour of cheque issued by partnership firm - Complaint u/s. 138 against firm and partners including respondents - Averment in the complaint that all partners were looking .after day to day affairs of the accused firm and their liability was joint as we// as several - Quashing of complaint sought by respondents on the ground that they had severed their connections with the firm much prior to the issuance of dishonoured cheques - High Court discharged the respondents ..:. On appeal, held: Specific averments were made against the respondents that they were the partners of the firm, at the relevant point of time and were looking after day to day affairs of the partnership firm - Burden of proof that at the relevant point of time they were not partners, lay specifically on them - The question as to whether or not they were partners in the firm during the relevant period is one of fact, which has to be established in trial - High Court should not have interfered with the cognizance of the complaints having been taken by the trial court and discharged the respondents of the said liability at the threshold - Code of Criminal Procedure, 1973 - s.482. Code of Criminal Procedure, 1973: s.482 - Manner in which High Courts ought to exercise their power to quash criminal proceeding when such proceeding is related to offences committed by companies - Discussed. |
Judge | Hon'ble Mr. Justice Deepak Verma |
Neutral Citation | 2011 INSC 296 |
Petitioner | Rallis India Ltd. |
Respondent | Poduru Vidya Bhusan & Ors. |
SCR | [2011] 5 S.C.R. 289 |
Judgement Date | 2011-04-13 |
Case Number | 924 |
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