B.S. BHASI Vs. K.M. PURUSHOTHAM DAS
LAWS(KER)-2017-9-64
HIGH COURT OF KERALA
Decided on
September 26,2017
B.S. Bhasi
Appellant
VERSUS
K.M. Purushotham Das
Respondents
Referred Judgements :-
SOVA MUKHERJEE V. RAJIV MEHRA [REFERRED TO]KURUKSHETRA UNIVERSITY VS. STATE OF HARYANA [REFERRED TO]
R S RAGHUNATH VS. STATE OF KARNATAKA [REFERRED TO]
JANATA DAL VS. H.S.CHOWDHARY [REFERRED TO]
RAGHU LAKSHMINARAYANAN VS. FINE TUBES [REFERRED TO]
SOM MITTAL VS. GOVERNMENT OF KARNATAKA [REFERRED TO]
SHANKAR FINANCE INVESTMENTS VS. STATE OF ANDHRA PRADESH [REFERRED TO]
JUGESH SEHGAL VS. SHAMSHER SINGH GOGI [REFERRED TO]
ANEETA HADA VS. GODFATHER TRAVELS ALIAS TOURS PVT LTD [REFERRED TO]
G RUKKUMANI VS. K RAJENDRAN [REFERRED TO]
RAVI CHANDRAN VS. SUBRAMANIAN [REFERRED TO]
APARNA A. SHAH VS. SHETH DEVELOPERS PVT. LTD. [REFERRED TO]
A.C.NARAYANAN VS. STATE OF MAHARASHTRA [REFERRED TO]
JAYAPRABHA HARIKUMARAN THAMPI VS. DON BOSCO [REFERRED TO]
KRISHAN TRADING COMPANY, PROPRIETORSHIP FIRM VS. STATE OF GUJARAT [REFERRED TO]
Cited Judgements :-
SEBASTIAN JOSEPH VS. GOVERNOR RESERVE BANK OF INDIA [LAWS(KER)-2019-3-219] [REFERRED TO]ASHY MATHEW VS. INDU SASIKUMAR [LAWS(KER)-2022-11-408] [REFERRED TO]
JUDGEMENT
RAJA VIJAYARAGHAVAN.V.,J. -
(1.)Whether the proprietor of concern can be held criminally liable under section 138 of the Negotiable Instruments Act, 1881 ('N.I. Act', for short) for dis-honor of a cheque drawn by his authorised signatory? Or alternatively can the authorized signatory who has drawn the cheque be successfully prosecuted under section 138 of the Negotiable Instruments Act notwithstanding the fact that the cheque has not been drawn on an account maintained by him? These are the subtle questions that arises for consideration in these petitions filed under section 482 of the Code of Criminal Procedure, 1973. The answers to these questions would decide the fate of these Criminal Miscellaneous Cases which have been referred to the Division Bench under section 3 of the High Courts Act by a learned Single Judge of this Court. The learned Single judge while referring the matter has disagreed with the view taken by another single Judge in Jayaprabha Harikumaran Thampi Vs. Don Bosco and Another [2015 (1) KLT 1022].
(2.)Before dealing with the question of law involved, we may briefly advert to the allegations in the complaints which have been annexed to the petitions.
(3.)There are two sets of cases.
(2.)Before dealing with the question of law involved, we may briefly advert to the allegations in the complaints which have been annexed to the petitions.
(3.)There are two sets of cases.
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