Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
This case pertains to the dishonor of cheques and the challenge to cognizance and summoning orders. The key points are: The cheques were signed and issued by respondent No. 3, Bhagawat Daulat Gawali, in his individual capacity, unconnected to the petitioners or the alleged business transaction between petitioner No. 1 (Bipin Lal Singh Pagar through his proprietorship firm) and respondent No. 2 (Tiger Logistics (India) Limited). The cheques were dishonored due to "Account Closed." Since petitioner No. 1 did not sign the cheques, he cannot be held liable u/s 138 of the Negotiable Instruments Act, 1881. Respondent No. 2's claim that the cheques were issued by respondent No. 3 on behalf of the petitioners may be grounds for a civil suit but not a complaint u/s 138. The petitioners, not being signatories, cannot be summoned in the complaint case u/s 138. The summoning orders against the petitioners are set aside, though proceedings may continue against Bhagawat Daulat Gawali in accordance with the law.
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