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Documents citing Birendra Mohan Kumar Sinha, Mr. Shambhu ... vs The New India Assurance Co. Ltd, Mr. ... on 8 November, 2005

Smt. Kamlesh Jain vs (1) State (Gnct Of Delhi) on 10 February, 2012

6. It is an admitted fact that cheque was issued by Ajay Jain son of the revisionist Kamlesh Jain, however, the same was returned unpaid to the complainant ­respondent no. 2 herein since it was dishonoured by the banker of the accused no. 1 on account of "funds insufficient". The above­said judgement relied upon by the counsel for respondent no. 2 is not applicable to the facts and circumstances of the case since there were more than one accused in the said case whereas in the present case, the son of the revisionist issued the cheque and the revisionist has no concern with it. Therefore, in view of the aforesaid judgements relied upon by the counsel for the revisionist herein, the order taking cognizance of the offence u/s 138 N. I. Act is not made out against the accused no. 2 Kamlesh Jain--revisionist herein since the revisionist herein cannot have vicarious liability for the offence committed by accused no. 1. Accordingly, the notice issued to the accused no. 2 Kamlesh Jain by the Ld. MM vide order dated 27­08­2011 is set aside and the accused no. 2 Kamlesh Jain is Crl. R. No. 56/11; Smt. Kamlesh Jain Vs. State & Anr. Page 5 of 6 also discharged from the proceedings before the Ld. Trial Court in the CC no. 14752/1/2011 titled Mohan Lal Sharma Vs. Ajay Jain & others. Accordingly, this revision petition is allowed. TCR along with copy of this order be sent back and thereafter revision file be consigned to Record Room.
Delhi District Court Cites 7 - Cited by 0 - Full Document
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