3 weeks ago

Delhi court sets aside summon order in cheque bounce case

Delhi court sets aside summon order in cheque bounce case
Delhi court sets aside summon order in cheque bounce case · theprint.in

A man named Pranshu Aggarwal was told by a smaller court that he had to stand trial in court.

The case was about a trust and some checks that were not paid.

When a check is not paid, it is sometimes called a bounced check.

The checks were worth about 5.75 crore rupees, which is a lot of money.

Aggarwal said he should not be blamed because he did not sign the checks.

A bigger court in Delhi agreed with him.

The judge explained that a trust is not the same as a company under the law.

The rule that makes company leaders responsible for bounced checks does not apply to trusts.

The court also said there was no proof Aggarwal was a trustee or held any job in the trust.

So the order to put him on trial was canceled, but the case will still continue against the other people accused.

Key facts

Case type
Cheque bounce (criminal complaint)
Amount involved
Rs 5.75 crore
Complainant
A limited liability partnership (LLP) enterprise
Accused
A trust and 10 individuals
Court
Delhi court, Additional Sessions Judge Saurav Pratap Singh Laler
Key provision
Section 141, Negotiable Instruments Act (vicarious criminal liability)
Order date
August 5
Outcome
Summon order against Aggarwal set aside; trial continues against remaining accused

Quotes

Delhi court

Judge of the Delhi court

“The revisionist (Aggarwal) is not the drawer of either cheque; he is not the signatory thereto; he is not a trustee; he is not shown, either by the complaint or by any document annexed to it, to be an office bearer, officer, manager or secretary of the trust, or to hold any office in it whatsoever.”
theprint.in

Sources

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