Andhra Pradesh Court October 2004 Judgments
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Chairman, Jawahar Co-op. Urban Bank Ltd. and ors. Vs. Sri Ramanjaneya ...
Court: Andhra Pradesh
Decided on: Oct-01-2004
Reported in: 2005(1)ALD(Cri)634; 2005(2)ALT118
ORDERT. Ch. Surya Rao, J.1. Inasmuch as common questions of fact and law are involved and as the parties well nigh are the same, these three criminal petitions can be disposed of together.2. Three complaints were filed against the Chairman, Vice-Chairman and some of the Directors of the Jawahar Co-operative Urban Bank Limited under Section 138 of the Negotiable Instruments Act by M/s. Ramanjaneya Enterprises in C.C. No. 74 of 2002, M/s. Sri Venkateswara Finance in C.C.No. 75 of 2002, and Mrs. K. Rukmini in C.C.No. 76 of 2002, on the file of the XV Metropolitan Magistrate, Hyderabad.3. Several gullible villagers invested their hard earned monies under various fixed deposit receipts with the Jawahar Cooperative Urban Bank Limited, Dilsukhnagar, Rangareddy District, the accused. All of them instructed the Bank to remit the accrued monthly interest to M/s. Ramanjaneya Enterprises, the complainant in C.C.No. 74 of 2002. In discharge of that liability, it is said that the accused-bank issued...
Dr. V. Bala Raju Vs. Pashak Feeds Pvt. Ltd. and anr.
Court: Andhra Pradesh
Decided on: Oct-01-2004
Reported in: 2005(1)ALD(Cri)651; IV(2005)BC240; 2005CriLJ1129
ORDERC.Y. Somayajulu, J.1. The point for consideration in this petition is whether a person who manages the affairs of proprietary concern can be made liable along with the proprietor of the sole proprietary concern, for the offence under Section 138 of the Negotiable Instruments Act, 1881 (the Act), by invoking the aid of Section 141 of the Act.2. Private complainant filed by the first respondent against the mother of the petitioner (A1), who is the proprietrix of Kousalya Enterprises, and the petitioner (A2), alleging that Kousalya Enterprises, which was appointed as the distributor of the poultry feed products being manufactured by it, became indebted to it to a tune of more than Rs. 21,00,000/- while it was being managed by the petitioner and that the cheques for Rs. 18,00,000/- got drawn by the petitioner through his mother on behalf of Kousalya Enterprises towards part payment of that debt, were dishonoured on presentation for payment, and that the petitioner and his mother (A1) ...
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