P&H: Quashes Dishonour of Cheque Complaint Against LLP Partner for Non-Arraignment of Company as accused

punjab-haryana
⚖️ Order Date: 24 Jul 2026
Headnotes

(i) Negotiable Instruments Act, 1881, Ss.138, 141, Criminal Procedure Code, 1973, S.482 — Dishonour of cheque — Quashing of summoning order and complaint —  Cheque issued on behalf of company or LLP — Prosecution of partner in personal capacity — Complaint not maintainable in absence of arraignment of company or...

(ii) Negotiable Instruments Act, 1881, Ss.138, 141, Criminal Procedure Code, 1973, S.482 — Dishonour of cheque — Quashing of summoning order and complaint — Principal offender — Company or LLP is principal offender where cheque is issued on its behalf — Criminal liability of persons in charge arises...


Facts of the Case

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...

Login required to open full judgment PDF
Login to Access File