Quashing of Complaint under section 138 of Negotiable Instruments Act, 1881

Sought the quashing of complaint filed under section 138 of negotiable instruments act (cheque bounce) and its summoning order on various grounds. The Hon’ble High Court after considering the facts of the case and agreeing with the arguments, issued the Notice as well as stayed the proceedings qua the petitioners.

Advocate Anoop Verma
Punjab and Haryana High Court, Chanidgarh

CRM-M-57757-2022 (O&M)
B.S. Shivarama and others
Religare Finvest Limited
Present: Mr. Anoop Verma, Advocate
for the petitioners.

Learned counsel for the petitioners submits that Royale
Concorde Educational Trust was originally formed on 12.07.2003. It was
later on amended by registered document i.e. Annexure P-5, whereby seven
trustees retired from the Trust and two new trustees were appointed.
Learned counsel for the petitioners further submits that the
petitioners were no more trustees of the said Trust. They are not signatory
of the cheque. He has referred the judgment in the case of Alka Khandu
Avhad Vs. Amar Syamprasad Mishra 2021(2) RCR (Criminal) 286,
wherein Hon’ble Supreme Court held that there cannot be joint liability
under Section 138 of the Negotiable Instruments Act, 1881.
Notice of motion for 23.02.2023.
Meanwhile, further proceedings pending before the trial Court
shall remain stayed, qua the petitioners.
12.12.2022 JUDGE

Contact Verma Law Associates

Leave a Reply