B.Sridhar v. Johny.K.a
Case brief
What is this about?
The High Court allowed a petition for quashing proceedings under Section 482 Cr.P.C. It held that the petitioner, who had resigned from the company before the cheques were issued, could not be liable under Section 138 of the Negotiable Instruments Act.
What did the court decide?
The complaint in S.T.No.3667 of 2008 insofar as it relates to the petitioner is quashed.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE A.HARIPRASAD
THURSDAY, THE 3RD DAY OF JULY 2014/12TH ASHADHA, 1936
Crl.MC.No. 2340 of 2013 ()
- (ST 667/2008) of JUDICIAL FIRST CLASS MAGISTRATE COURT-III,THRISSUR
- ST NO.667/2008 ON THE FILE OF JUDICIAL FIRST CLASS MAGISTRATE COURT -III, THRISSUR IS CORRECTED AND SUBSTITUTED AS ST NO.3667/2008 AS PER ORDER DATED 16TH AUGUST, 2013 IN CRL.MA NO.6095/2013 IN CRL.MC NO.2340/2013.
PETITIONER(S)/5TH ACCUSED IN S.T.NO.3667/08 OF JFCM - III, THRISSUR:
B.SRIDHAR
S/O.BALAKRISHNAN, ' KOUNDANYA HOUSE ', POOTHOLE THRISSUR.
BY ADVS.SRI.N.K.SUBRAMANIAN
SRI.S.ANANTHAKRISHNAN
Issues for consideration
2 issues framed by the court
Whether proceedings against a director as the fifth accused under Section 138 of the Negotiable Instruments Act can be quashed when he had resigned from the company prior to the issuance of the disput
Whether holding a person liable under Section 141 requires them to be in charge of the company at the time of the commission of the offence.
Parties & counsel
- petitioner
B.Sridhar
- respondent
Johnny.K.A
- respondent
State of Kerala
Coram
Case details
As recorded by the court registry
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