P&H: Quashes Dishonour of Cheque Complaint Against LLP Partner for Non-Arraignment of Company as accused
The Punjab and Haryana High Court has quashed a cheque dishonour complaint and the summoning order against a petitioner who was arrayed only in his individual capacity, holding that proceedings under Sections 138 and 141 of the Negotiable Instruments Act cannot continue when the company or LLP on whose behalf the cheque was issued is not made an accused.
The case arose from a complaint filed by Darshna Devi alleging that Ranjit Singh had borrowed ₹1,85,000 in connection with a business transaction and had issued a cheque for the same amount. The cheque was dishonoured for “Funds Insufficient”, and after...