Sri. Himamshu Joshi v. Sri. Ananth Komar
Case brief
What is this about?
The High Court exercised revisional jurisdiction under Section 397 Cr.P.C. / Section 438 BNSS to review concurrent convictions under Section 138 NI Act. It held that the e-mail of 26.05.2016 was not a valid statutory notice, so the subsequent notice of 11.06.2016 validly commenced the limitation period. However, the court found that accused No.1 and accused No.3 could not be vicariously liable under Section 141 because the cheques were issued by accused No.2 in his individual capacity and official records proved he was not a partner of the LLP. The conviction of accused No.2 was upheld as the presumptions under Sections 118 and 139 were not rebutted.
What did the court decide?
Judgment of conviction and sentence dated 04.03.2020 set aside as against accused No.1 and accused No.3; confirmed against accused No.2. Fine of Rs.50,20,000/- with default simple imprisonment of 2 years upheld for accused No.2; Rs.50,00,000/- payable to complainant, Rs.20,000/- to State.