IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO(S).5492 OF 2024 (ARISING OUT OF S.L.P. (CRIMINAL) NO(S).489/2022)
MENAKA APPELLANT(S)
VERSUS
J. SAVARIMUTHU RESPONDENT(S)
O R D E R
1. Leave granted.
2. Heard the learned counsel appearing for the parties.
3. The respondent is the complainant in a complaint alleging
commission of an offence punishable under Section 138 of the
Negotiable Instruments Act, 1881 (for short, “the NI Act”). The
appellant is accused no.2 in the said complaint. The appellant and
accused no.1 are described as accused in the complaint in their
capacity as the designated partners of Bullion Fintech LLP. Going
by the complaint, accused no.1 is the signatory to the cheque. The
appellant is not the drawer of the cheque and, therefore, the
appellant can be held liable only in the event Section 141 of the
NI Act is attracted. A perusal of the complaint shows that the
averments which are required to be incorporated in terms of sub-
Section (1) of Section 141 of the NI Act have not been incorporated
in the complaint. It is merely stated that the appellant was
present when the cheque was issued by accused no.1.
4. In absence of compliance with the requirements of Section
141(1) of the NI Act, continuation of the complaint against the
1
appellant will ...