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1 - 10 of 12 (0.27 seconds)The Code of Criminal Procedure, 1973
The Negotiable Instruments Act, 1881
Section 141 in The Negotiable Instruments Act, 1881 [Entire Act]
Aneeta Hada vs M/S Godfather Travels & Tours Pvt.Ltd on 27 April, 2012
8. The learned counsel for the petitioners submits that the
complaint is not maintainable inasmuch as the demand notice was
issued in favour of 'M/s Pooja Bengals'. He submits that the petitioner
no.1 is, in fact, 'M/s Pooja Bangles'. He submits that the petitioner
firm is registered at Delhi, while the notice was issued to another firm
at Saharanpur. He submits that if the principal offender, that is, the
firm has not been issued a legal notice nor impleaded in the complaint,
even its partners cannot be made vicariously liable under Section 141
of the NI Act. He places reliance on the judgments of the Supreme
Court in Aneeta Hada v. Godfather Travels and Tours Pvt. Ltd. &
Signature Not Verified
Digitally Signed CRL.M.C. 3392/2024 Page 3 of 6
By:SUNIL
Signing Date:04.05.2024
18:29:44
Ors. (2012) 5 SCC 661; Rahul Builders v. Arihant Fertilizers and
Chemical & Ors. (2008) 2 SCC 321; Dalmia Cement Ltd. v. Galaxy
Traders (2001) 6 SCC.
M/S. Rahul Builders vs M/S. Arihant Fertilizers & Chemical & ... on 2 November, 2007
8. The learned counsel for the petitioners submits that the
complaint is not maintainable inasmuch as the demand notice was
issued in favour of 'M/s Pooja Bengals'. He submits that the petitioner
no.1 is, in fact, 'M/s Pooja Bangles'. He submits that the petitioner
firm is registered at Delhi, while the notice was issued to another firm
at Saharanpur. He submits that if the principal offender, that is, the
firm has not been issued a legal notice nor impleaded in the complaint,
even its partners cannot be made vicariously liable under Section 141
of the NI Act. He places reliance on the judgments of the Supreme
Court in Aneeta Hada v. Godfather Travels and Tours Pvt. Ltd. &
Signature Not Verified
Digitally Signed CRL.M.C. 3392/2024 Page 3 of 6
By:SUNIL
Signing Date:04.05.2024
18:29:44
Ors. (2012) 5 SCC 661; Rahul Builders v. Arihant Fertilizers and
Chemical & Ors. (2008) 2 SCC 321; Dalmia Cement Ltd. v. Galaxy
Traders (2001) 6 SCC.
Dalmia Cement (Bharat) Ltd vs M/S.Galaxy Trades & Agencies Ltd. & Ors on 19 January, 2001
8. The learned counsel for the petitioners submits that the
complaint is not maintainable inasmuch as the demand notice was
issued in favour of 'M/s Pooja Bengals'. He submits that the petitioner
no.1 is, in fact, 'M/s Pooja Bangles'. He submits that the petitioner
firm is registered at Delhi, while the notice was issued to another firm
at Saharanpur. He submits that if the principal offender, that is, the
firm has not been issued a legal notice nor impleaded in the complaint,
even its partners cannot be made vicariously liable under Section 141
of the NI Act. He places reliance on the judgments of the Supreme
Court in Aneeta Hada v. Godfather Travels and Tours Pvt. Ltd. &
Signature Not Verified
Digitally Signed CRL.M.C. 3392/2024 Page 3 of 6
By:SUNIL
Signing Date:04.05.2024
18:29:44
Ors. (2012) 5 SCC 661; Rahul Builders v. Arihant Fertilizers and
Chemical & Ors. (2008) 2 SCC 321; Dalmia Cement Ltd. v. Galaxy
Traders (2001) 6 SCC.
M/S. Harman Electronics (P) Ltd. & Anr vs M/S. National Panasonic India Ltd on 12 December, 2008
463; Harman Electronics (P) Ltd. & Ors. v.
National Panasonic India Ltd. (2009) 1 SCC 720; and judgment of
this Court in HDFC Bank Limited v. Amit Kumar Singh 2009 SCC
OnLine Del 1559; and judgment of High Court of Madras in
Rangabashyam & Ors. v. Ramesh, 2019 SCC OnLine Mad 17188.
Hdfc Bank Limited vs Amit Kumar Singh on 22 May, 2009
463; Harman Electronics (P) Ltd. & Ors. v.
National Panasonic India Ltd. (2009) 1 SCC 720; and judgment of
this Court in HDFC Bank Limited v. Amit Kumar Singh 2009 SCC
OnLine Del 1559; and judgment of High Court of Madras in
Rangabashyam & Ors. v. Ramesh, 2019 SCC OnLine Mad 17188.
Rangabashyam vs Ramesh on 23 July, 2019
463; Harman Electronics (P) Ltd. & Ors. v.
National Panasonic India Ltd. (2009) 1 SCC 720; and judgment of
this Court in HDFC Bank Limited v. Amit Kumar Singh 2009 SCC
OnLine Del 1559; and judgment of High Court of Madras in
Rangabashyam & Ors. v. Ramesh, 2019 SCC OnLine Mad 17188.