krishna Ghanshyam Krishnalal Chauhan vs Life Insurance Corporation Of India on 13 November, 2024 By indiankanoon.org Published On :: : The Appellant filed an (online/offline) RTI application dated 21.02.2023 seeking the following information: "My letter dated 31/8/2021 addressed to The SDM, LIC of India, Nadiad Division with subject of Individual Cash Prize (Awards) Scheme time duration 1/1/2007 to 31/3/2007, which is enclosed herewith, as per given below details. 1. Detail procedure followed by the competent authority in respect of disposal and final reply of my letter and payment of my Individual Cash Awards (Prize). 2. Certified copies of All details of Notes / Remarks / Comments / Opinion / Decisions put up on the file by the concerned officers / managers during the procedure along with their names, designation, salary, roll no., educational qualification, gross annual salary and contact no. Full Article
krishna Ghanshyam Krishnalal Chauhan vs Life Insurance Corporation Of India on 13 November, 2024 By indiankanoon.org Published On :: : The Appellant filed an (online/offline) RTI application dated 21.02.2023 seeking the following information: "My letter dated 31/8/2021 addressed to The SDM, LIC of India, Nadiad Division with subject of Individual Cash Prize (Awards) Scheme time duration 1/1/2007 to 31/3/2007, which is enclosed herewith, as per given below details. 1. Detail procedure followed by the competent authority in respect of disposal and final reply of my letter and payment of my Individual Cash Awards (Prize). 2. Certified copies of All details of Notes / Remarks / Comments / Opinion / Decisions put up on the file by the concerned officers / managers during the procedure along with their names, designation, salary, roll no., educational qualification, gross annual salary and contact no. Full Article
krishna FIR registered against Snehamayi Krishna By www.thehindu.com Published On :: Wed, 13 Nov 2024 19:21:22 +0530 Full Article Karnataka
krishna Indian-American Krishnamoorthi Wins U.S. Congressional Election By www.siliconindia.com Published On :: Indian-American Democrat Raja Krishnamoorthi today won the Congressional election from Illinois, defeating Republican former Elmhurst Mayor Peter DiCianni. Full Article
krishna Daily roundup by CSE and Down to Earth @COP27 by Avantika Goswami and Rohini Krishnamurthy, November 7, 2022 By www.indiaenvironmentportal.org.in Published On :: Sun, 06 Nov 2022 18:30:00 +0530 Daily roundup by CSE and Down to Earth @COP27 by Avantika Goswami and Rohini Krishnamurthy, November 7, 2022 • UN Secretary-General António Guterres said that Loss and damage can no longer be swept Full Article
krishna My Journey From Hare Krishna to Christ - Part One By www.ancientfaith.com Published On :: 2008-09-19T06:26:01+00:00 Hear the fascinating story of Patrick Lansdowne, a 7-year Hare Krishna Temple devotee, about his journey to Christ and the Orthodox Church. In Part One of the interview, Patrick and host Kevin Allen discuss the Hare Krishna sect's unique metaphysics and practices (within Hindusim) and how and why Patrick adopted them! Do any of them "prefigure" Christ? Full Article
krishna From Hare Krishna to Christ - Part 2 By www.ancientfaith.com Published On :: 2008-09-26T04:41:41+00:00 Today we bring you part 2 of Kevin's interview with Patrick Landsdowne. Full Article
krishna S Krishnan, named MeitY secy, will oversee implementation of semiconductor mission, DPDP Act By cio.economictimes.indiatimes.com Published On :: Mon, 04 Sep 2023 10:13:26 +0530 Krishnan will be overseeing the rollout of the recently enacted Digital Personal Data Protection (DPDP) Act, 2023, which is the outcome of almost five years of five years of drafts and consultations. From a digital economy perspective, there are some good features in the DPDP act but it also has some gaps which have been identified by several legal experts. Full Article
krishna Marquis Who's Who Honors Ananth Muthukrishnan for Expertise in Information Technology By www.24-7pressrelease.com Published On :: Mon, 16 Sep 2024 08:00:00 GMT Ananth Muthukrishnan is a distinguished expert in cybersecurity and information security program development Full Article
krishna Marquis Who's Who Honors Prasanna Thwar Krishnan, PhD, for Expertise in Biotechnology By www.24-7pressrelease.com Published On :: Fri, 17 May 2024 08:00:00 GMT Dr. Prasanna Thwar Krishnan is a pioneer in genomics and molecular diagnostics Full Article
krishna Marquis Who's Who Honors Vasanthan Ramakrishnan, MS, D. Hon (Honoris Causa in Humanities) for his work across High-Skilled Immigration & Advocacy By www.24-7pressrelease.com Published On :: Fri, 18 Oct 2024 08:00:00 GMT Vasanthan Ramakrishnan, MS, D. Hon (Honoris Causa in Humanities) is lauded for his work as a partner at Ascend and an immigration expert at topmate.io Full Article
krishna Who Is Tara Sreekrishnan Candidate for California State Assembly in AD-26? By www.24-7pressrelease.com Published On :: Sat, 02 Nov 2024 08:00:00 GMT Tara Sreekrishnan told Zennie62Media that there's no real news out there about who she is as a candidate so she commissioned us to produce this news release. "There have been a lot of stories about me, but not who I am," she said. Full Article
krishna Xiaomi India president Muralikrishnan steps down due to personal reasons By retail.economictimes.indiatimes.com Published On :: Tue, 05 Nov 2024 13:30:58 +0530 Xiaomi India President Muralikrishnan B has resigned to pursue a doctorate, marking the end of his tenure during a period of recovery for the leading smartphone company. Muralikrishnan, who joined in 2018, will transition into a six-month gardening leave. His departure follows strategic executive appointments aimed at boosting offline sales and premium market presence. Full Article
krishna Celebrating Krishnakumar Kunnath By www.google.com Published On :: Date: October 25, 2024 Location: India, United Kingdom Tags: Full Article
krishna 246564: Holbrooke meets Krishna By www.thehindu.com Published On :: Tue, 24 May 2011 06:00:57 +0530 Holbrooke cited the U.S. and India's shared interest in Pakistani stability and reassured Krishna the U.S. had been pushing Islamabad for action on terrorism, while noting the weakness of Pakistan's civilian leadership. Full Article The Cables
krishna How to Observe Krishna Janmashtami Fasting: Health Benefits of Nirjala By www.medindia.net Published On :: Highlights: Two main types of fasting are Nirjala (strict without water) and Phalahar (just fruits) Avoid grains Full Article
krishna Rama Krishna Inampudi: Architect of Innovation in the Cards & Payments Domain By www.ibtimes.co.in Published On :: Fri, 08 Nov 2024 16:13:47 +0530 Rama Krishna's expertise was crucial in a large-scale switch implementation project, where he led the transition of payment processing to a leading payment network. Full Article
krishna Krishnarani Agrawal vs Town And Country Planning Department on 12 November, 2024 By indiankanoon.org Published On :: 1. Vide order dated 29.08.2024 Prakash Grih Nirman Sehkari Samiti Maryadit was directed to file the reply. Learned counsel representing respondent/ Prakash Grih Nirman Sehkari Samiti Maryadit has submitted that due to technical reasons reply has not been uploaded. The same may be filed within two weeks with copy to the opposite parties. 2. In the meantime, learned counsels for the State and BMC are directed to trace the map, revenue record with regard to allotment/allocation of green belt in the Map as approved. 3. Applicant present in person has submitted that the present matter relates only to the cutting of trees. MPPCB has issued notice to the Prakash Grih OA No. 139/2023(CZ) Krishnarani Agrawal vs. State of Madhya Pradesh & Ors. Nirman Sehkari Samiti Maryadit with assessment of environmental compensation but the same has not been replied till date. State PCB is directed to finalise the matter and report within two weeks. Full Article
krishna M/S.Sree Gokulam Chit & Finance Co.(P) vs P.R.Balakrishnan on 8 November, 2024 By indiankanoon.org Published On :: 1 .R.BALAKRISHNAN, S/O.P.N.RAMAKRISHNAN RAO P PARTNER, M/S.WOODLANDS JEWELLERS, WOODLAND JUNCTION, M.G.ROAD, ERNAKULAM,, KOCHI-16. 2 /S.WOODLANDS JEWELLERS, M KOCHI-16. 3 TATE OF KERALA, REPRESENTED BY S THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 1 & R2 BY ADVS. R SRI.JOHN BRITTO SRI.C.A.RAJEEV R3 BY PUBLIC PROSECUTOR SMT.SEENA C. THIS CRIMINAL APPEALHAVING BEEN FINALLY HEARD ON 30.10.2024, THE COURT ON 08.11.2024 DELIVERED THE FOLLOWING: CRL.A NO. 1029 OF 2008 2 2024:KER:82742 "CR" J U D G M E N T The complainant in CC No.238 of 2002 on the file of Additional Chief Judicial Magistrate, Ernakulam, filed this appeal challenging acquittal of the accused, under Section 138 of the Negotiable Instruments Act (hereinafter referred as 'the NI Act'), as per judgment dated 31.05.2007. 2. The complainant, M/s.Sree Gokulam Chit & Finance Company,isaPrivateLimitedcompanyhavingitsregistered office at Chennai and a branch office at MG Road, Ernakulam. The complainant is represented by its power of attorney holder, who is the Assistant Manager of that company.Heisempoweredtoinstitutethecomplaintandto give evidence. The 2nd accused is M/s.Woodlands Jewellers and the1staccusedisitspartner.Rs.2,13,000/-wasdueto the complainant, from the accused, towards future instalments of kuri transactions, whichthe2ndaccusedhad subscribed with the complainant-company. Towards dischargeofthatdebt,the1staccusedissuedExt.P2cheque dated 14.12.2001, assuring that, it would be encashed on CRL.A NO. 1029 OF 2008 3 2024:KER:82742 presentation before the Bank. The complainant presented that cheque for collection but it was dishonoured for the reason, 'A/c transferred to suit file. No Balance.', as per Ext.P3 memo. Complainant sent Ext.P5 registered lawyer notice to the accused, and inspiteofreceiptofnotice,they did not repay that amount, though a reply was sent with untenable contentions. Hence the complaint. 3. After taking cognizance and on appearance of the accused before the trial court, particulars of offence were read over and explained, to which, they pleaded not guilty andclaimedtobetried.Thereupon,PW1wasexaminedand Exts.P1toP10andP10(a)weremarkedfromthesideofthe complainant. On closure of complainant's evidence, the accused were questioned under Section 313 of Cr.P.C. They denied all the incriminating circumstances brought out in evidence and according to them, they subscribed chitty conducted by the complainant, which was terminated on 12.11.1998. They paid the entire amount due, and thereafter their passbook was closed. Ext.P2 cheque was CRL.A NO. 1029 OF 2008 4 2024:KER:82742 given by the accused, as a blank one, only as a security, when he bid the chitty. After closing the chitty,theaccused demanded back the blank cheque given as security, but it was not returned, saying that it was kept intheheadoffice at Madras. No defence evidence was adduced. 4.Onanalysingthefactsandevidence,andonhearing the rival contentions from either side, the trial court acquitted the accused, finding that the complaint was not properly instituted, as PW1-Assistant Manager was not properly authorised to filethecomplaintortogiveevidence on behalf of the company. Moreover, the complainant failed to prove that, Ext.P2 cheque was issued towards discharge of a legally enforceable debt. Aggrieved by the acquittal of the accused, the complainant has preferred this appeal. 5. Heard learned counsel for theappellantandlearned counsel for the respondents. 6. Learned counsel for the appellant would contend that, since the complainant is a Private Limited company, which is an incorporeal body, only an employee or CRL.A NO. 1029 OF 2008 5 2024:KER:82742 representativeofthecompanycanpreferthecomplaint.The company becomes a de jure complainant and its employee or other representative representing the company in the criminalproceedingsbecomesthedefactocomplainant.Ina complaint, with regard to dishonour of a cheque issued in favour of a company, for the purpose of Section 142 of the NI Act, the company will be the complainant, and for the purpose of Section 200 of the Criminal Procedure Code, its employee,whorepresentsthecompany,willbethedefacto complainant. A company can be represented by an employee, or even by a non-employee authorised and empowered, to represent the company by a resolution or a power of attorney. 7. According to the appellant, Ext.P8 extract of the resolution empowered PW1-Sri.A.T.K.Ajayan, who was the Assistant Manager ofthecompany,tofilethecomplaintand to give evidence. Ext.P8 is the extract from the minutes,of the proceedings of the Board of Directors meeting, held on 14.09.2000, at its corporate office at Chennai, which CRL.A NO. 1029 OF 2008 6 2024:KER:82742 authorisedtheAssistantManagerSri.A.T.K.Ajayan,todothe following acts: '( 1) Toinstitute,commence,prosecute,carryonor defend any suit or legal proceeding, (2)Tosignandverifyallplaints,writtenstatements and other pleadings, applications, affidavits, petitions or documents and produce them before any Court, (3) To appoint, engage and instruct any solicitor, Advocate or Advocates to act and plead and other wise conduct the case on behalf of the Company and to sign any Vakalathnama or other authority in this regard, (4) To give evidence on behalf of the Company in any Court of law, and (5) To do all other lawful acts,deedsandthingsin connectionwithfilingofanysuitandconducting anylegalproceedingsinanycourtoflawandto withdraw the case on behalf of the Company.' CRL.A NO. 1029 OF 2008 7 2024:KER:82742 8. Learned counsel for respondents 1 and 2 would contendthat,Ext.P8extractoftheminutesisnotadmissible in evidence and the minutes has to beprovedbyproducing theoriginal.HewouldrelyonadecisionoftheHighCourtof Judicature at Bombay in Ashish C. Shah v. M/s. Sheth DevelopersPvt.Ltd.&Othersreportedin[CDJ2011BHC 339:2011 KHC 6506], to say that, Section 194 of the Companies Act provides that, the minutes of meetings kept in accordance with the provisions of Section 193, shall be evidence of the proceedings recorded therein. No provision intheCompaniesActwasbroughttothenoticeofthatcourt which provides that, certifiedcopyorextractoftheminutes would be admissible in evidence, without proof of the original. Section 65(f) of the Evidence Act provides that, secondary evidence may be given, of the existence, conditionandcontentsofthedocument,whentheoriginalis the document, of which a certified copy is permitted bythe Evidence Act or by any other law in force in India, to be given in evidence. He would rely on another decisionofthe CRL.A NO. 1029 OF 2008 8 2024:KER:82742 Delhi High Court in Escorts Ltd. v.SaiAutosandOthers [1991 Company Cases Volume 72 Page 483] to say that, copy of resolution was not enough and the original of the minutes book, containing the resolution reliedon,hastobe brought to the court. 9. Section 119 of the Companies Act, 2013 which correspondstoSection196oftheCompaniesAct,1956says that,thebookscontainingtheminutesoftheproceedingsof any generalmeetingofacompanyorofaresolutionpassed by postal ballot shall be kept at the registered office of the company,anditshallbeopenforinspectionbyanymember during business hours and if any member make a request, for a copy of the minutes,itshallbefurnishedwithinseven days, onpaymentofprescribedfees.So,Section119ofthe Companies Act provides for copy of the minutes, and moreover, learned counsel for the appellant would saythat, copy of every resolution shall be sent to the Registrar for recording the same within 30 days of passing the same. Moreover, as per Section 54 of the Companies Act, 1956, a CRL.A NO. 1029 OF 2008 9 2024:KER:82742 document which requires authentication by a company may be signed by adirector,themanager,thesecretaryorother authorisedofficerofthecompany,andneednotbeunderits common seal. So, accordingtotheappellant,Ext.P8extract oftheminutes,whichcontainstheresolutionauthorisingthe Assistant Manager to file criminal or civil cases or to give evidenceetc.,signedbythedirectorofSreeGokulamChit& Finance Co.(P)Ltd.,wassufficientauthorityforPW1,tofile the complaint and to give evidence, on behalf of the company. 10. Learned counsel for the respondents would point outthat,Ext.P8wasnotproducedalongwiththecomplaint, and it was produced subsequently after questioning the accusedunderSection313ofCr.P.C.Relyingonthedecision M. M. T. C. Ltd. v. Medchil Chemicals And Pharma (P) Ltd. [2002 KHC 241], learned counsel for the appellant contended that, even if there was no authority initially, still thecompanycanrectifythatdefect,atanystage.Inpara12 of that judgment, we read thus: CRL.A NO. 1029 OF 2008 10 2024:KER:82742 "It has been held that if a complaint is madeinthe name of an incorporeal person (like a company or corporation) it is necessary that a natural person representssuchjuristicpersoninthecourt.Itisheld that the court looks upon the natural person to be the complainant for all practical purposes. It is held that when the complainant is a body corporate it is the de jure complainant, and it must necessarily associate a human being as defactocomplainantto represent the former in court proceedings. It has further been held thatnoMagistrateshallinsistthat theparticularperson,whosestatementwastakenon oath at the first instance, alone can continue to represent the company till the end of the proceedings. It has been held that there may be occasions when different persons can represent the company. It has been held that it is open to the de jure complainant companytoseekpermissionofthe court for sending any other person to represent the company in the court. Thus, even presuming, that initially there was no authority, still the company can, at any stage, rectify that defect. At a subsequent stage the company can send a person who is competent to represent the company. The complaintscouldthusnothavebeenquashedonthis ground." 11. In the decision, Bhupesh Rathod v. Dayashankar Prasad Chaurasia and Another[2 021 (6) CRL.A NO. 1029 OF 2008 11 2024:KER:82742 KHC 368], Hon'ble Apex Court held that, even if there was no authority initially, the company can at any stage rectify that defect by sending a competent person. In that case, copy of the board resolution was filed along with the complaint. An affidavit was brought on record by the company, affirming the factum of authorisation in favour of the Managing Director. Hon'ble Apex Court accepted the copy of board resolution, to find thattheManagingDirector was authorised to file complaint in the Court and to attend all such affairs which maybeneededintheprocessoflegal actions. Paragraphs 23 and 24 of that judgment read thus: "2 3. It is also relevant to note that a copy of the Board Resolutionwasfiledalongwiththecomplaint.Anaffidavit had been brought on record in the Trial Court by the Company, affirming to the factum of authorisation in favouroftheManagingDirector.AManageroraManaging Directorordinarilybytheverynomenclaturecanbetaken tobethepersonin-chargeoftheaffairsCompanyforits day - to - daymanagementandwithintheactivitywould certainlybecallingtheactofapproachingtheCourteither under civil law or criminal law for setting the trial in motion (Credential Finance Ltd. v. State of Maharashtra, 1998(3)MahL J805).Itwouldbetootechnicalaviewto take to defeat the complaint merely because the bodyof CRL.A NO. 1029 OF 2008 12 2024:KER:82742 the complaint does not elaborate upon the authorisation. The artificial person being the Company had to act through a person / official, which logically would include the Chairman or ManagingDirector.Onlytheexistenceof authorisation could be verified. 24.Whileweturntotheauthorisationinthepresentcase, itwasacopyand,thus,doesnothavetobesignedbythe BoardMembers,asthatwouldformapartoftheminutes of the Board meeting and not a true copy of the authorisation. We also feel that it has been wrongly concludedthattheManagingDirectorwasnotauthorised. If we peruse the authorisation in the form of a certified copyoftheResolution,itstatesthatlegalactionhastobe taken against the respondent for dishonour of cheques issued by him to discharge his liabilitiestotheCompany. To this effect, Mr. Bhupesh Rathod / Sashikant Ganekar were authorised to appoint advocates, issue notices through advocate, file complaint, verifications on oath, appointConstituentattorneytofilecomplaintintheCourt and attend all such affairs which may be needed in the process of legal actions. What more could be said?" 12. Obviously Hon'bleApexCourtacceptedcopyofthe resolutiontofindthefactumofauthorisationinfavourofthe Managing Director. 13.Inthecaseonhand,PW1-AssistantManagerofthe complainant-companyfiledthecomplaintandgaveevidence CRL.A NO. 1029 OF 2008 13 2024:KER:82742 on behalf of the company. Ext.P8 extract of the minutes shows that, the board of directors authorised him to do so. Thefactthatonlyextractoftheminutesbookwasproduced, without producing the original, or that Ext.P8 wasproduced at a belated stage, etc., will not take away that right from him. So, he could have filed the complaint and given evidence also on behalf of the company, on the strength of the resolution by the boardofdirectors,anextractofwhich was produced as Ext.P8. 14.Learnedcounselfortherespondentswouldcontend that, Ext.P9 power of attorney was not executed or authenticated by theNotaryPublicandso,itcouldnothave been accepted to draw power for PW1, tofilethecomplaint or to give evidence. According to him, the two ingredients contained in Section 85 of the Evidence Act viz. execution before the Notary Public and the authentication by the Notary Public are very essential. The words 'executed before', and 'authenticated by', are the two conditionstobe satisfied in order to attract the presumption under Section CRL.A NO. 1029 OF 2008 14 2024:KER:82742 85 of the Evidence Act.HewouldrelyonthedecisionBank of India v. M/s. Allibhoy Mohammed and Others reported in [AIR 2008 BOMBAY 81], to support his argument.Inparagraph 18 of that judgment, we read thus: "18. Let me turn to the Legal Provisions; namely, Section 85 of the Evidence Act which lays down that the Court shall presume due execution and authentication of power of attorney when executed before, and authenticated by a Notary Public, or any Court, Judge, Magistrate, Indian Counsel or it's Vice Counsel or representative of theCentralGovernment, etc. This presumption is available in favour of the originalPowerofAttorneyholderprovidedmandateof Section 85 is duly followed." 15. In the case on hand, though the original power of attorneyisproducedandmarkedasExt.P9,itdoesnotshow that it was executed by the complainant in presence of the Notary Public, and there is no authentication by the Notary Public, that it was executed before her. So, there is some forceintheargumentputforwardbylearnedcounselforthe respondents, that Ext.P9 power of attorney cannot be accepted,forwantofproperexecutionandauthenticationas CRL.A NO. 1029 OF 2008 15 2024:KER:82742 envisaged under Section 85 of the Evidence Act. 16. Learned counsel for the appellant would submit that,evenifthepowerofattorneyisignored,thenalso,the complaint is filed by an officer of the company and he was authorised as per board resolution dated 14.09.2000, the extract of which was marked as Ext.P8. So, this Court is of the view that, though Ext.P9 power of attorney was not liable to be accepted, being the officer of the company, authorised by board resolution dated 14.09.2000, PW1 was empowered to file the complaint and to give evidence. 17.Learnedcounselfortheappellantwouldsaythat,if the accused was disputing the authority of the complainant tofilethecomplaintortogiveevidence,itwasopenforhim to dispute andestablishthesameduringthecourseoftrial. Hon'ble Apex Court in TRL Krosaki Refractories Ltd. (M/s.) v. M/s. SMS Asia Pvt. Ltd. and Another [2022 (2) KHC 157:2022 (1) KLT OnLine 1043 (SC)] made that position clear, by holding that, when thecomplainant/payee is a company, an authorized employee can represent the CRL.A NO. 1029 OF 2008 16 2024:KER:82742 company. Such averment and prima facie material is sufficient for the learned Magistrate to take cognizance and to issue process. If at all there is any serious dispute with regard to the person prosecuting the complaint not being authorized, or if it is to bedemonstratedthatapersonwho filed the complaint has noknowledgeofthetransactionand assuchthatpersoncouldnothaveinstitutedandprosecuted the complaint, it would be open for the accused to dispute thepositionandestablishthesameduringthecourseofthe trial. 18. Though the respondents were disputing the authority of PW1, vide Ext.P8 extract of the resolution as wellasExt.P9powerofattorney,theydidnottakeanysteps to establish that position, during trial.So,thefindingofthe trialcourt,thatPW1wasnotauthorizedtofilethecomplaint and to give evidence on the basis of Ext.P8 extract of the resolution, is liable to be set aside. 19.Comingtothefactsofthecase,learnedcounselfor theappellantwouldsubmitthat,therespondentssubscribed CRL.A NO. 1029 OF 2008 17 2024:KER:82742 seven kuries of Rs.5,00,000/- each, with the appellant company, andtheyauctionedthatkurion14.02.1997.They defaulted payment of future instalments, and towards discharge of that liability, the 1st respondent issued Ext.P2 cheque dated 14.12.2001 for an amount of Rs.2,13,000/-. When that cheque was presented before Bank, it was returned dishonoured for the reason 'A/c transferred to suit file. No balance.' The respondents are not disputing the signatureinExt.P2chequeortheissuanceofthatchequeto the appellant. All statutory formalities to bring home an offence punishable under Section 138 of the NI Act was complied with. Moreover, the presumptions available under Sections 118 and 139 of the NI Act will come to the aid of the appellant to show that, Ext.P2 cheque was issued towards discharge of a legally enforceable debt. So, according totheappellant,learnedtrialcourtwentwrongin acquitting the accused. 20. The respondents would contend that, when they auctioned the kuri with the appellant, as a security for the CRL.A NO. 1029 OF 2008 18 2024:KER:82742 balance instalments, Ext.P2 cheque was given as a blank signed cheque, and even after they paid the future instalments fully, and closed the kuri, the blank cheque entrustedwiththeappellantwasnotreturned. Onlytosee, whether they could extract some more money from the respondents, they filed a false complaint, misusing that blank cheque. 21.RelyingonthedecisionoftheHon'bleApexCourtin Bir Singh v. Mukesh Kumar[(2019) 4 SCC 197], learned counsel for the appellant would argue that, even a blank cheque leaf, voluntary signed and handed over by the accused, which is towards some payment, would attract presumptionunderSection139oftheNIAct,intheabsence of any cogent evidence to show that the cheque was not issued in discharge of a debt. Paragraphs 33 to 36 of that judgment read thus: "33. A meaningful reading of the provisions of the Negotiable Instruments Act including, in particular, Sections 20, 87 and 139, makes it amply clear that a person who signs a cheque and makes it over to the payeeremainsliableunlessheadducesevidencetorebut CRL.A NO. 1029 OF 2008 19 2024:KER:82742 the presumption that the cheque had been issued for payment of a debt or in discharge of a liability. It is immaterial that the cheque may have been filled in by any person other than the drawer, if the cheque is duly signed by the drawer. If the cheque is otherwise valid, the penal provisions of Section 138 would be attracted. 34.Ifasignedblankchequeisvoluntarilypresentedtoa payee,towardssomepayment,thepayeemayfillupthe amount and other particulars. This in itself would not invalidate the cheque. The onus would still be on the accusedtoprovethatthechequewasnotindischargeof a debt or liability by adducing evidence. 35.Itisnotthecaseoftherespondent-accusedthathe either signed the cheque or parted with it under any threat or coercion. Nor isitthecaseoftherespondent- accused thattheunfilledsignedchequehadbeenstolen. The existence of a fiduciary relationship between the payeeofachequeanditsdrawer,wouldnotdisentitlethe payee to the benefit of the presumption under Section 139oftheNegotiableInstrumentsAct,intheabsenceof evidence of exercise of undue influence or coercion.The second question is also answered in the negative. 36. Even a blank cheque leaf, voluntarily signed and handed over by the accused, which is towards some payment, would attract presumption under Section 139 of the NegotiableInstrumentsAct,intheabsenceofany cogent evidence to showthatthechequewasnotissued in discharge of a debt." CRL.A NO. 1029 OF 2008 20 2024:KER:82742 22. The respondents are not disputing issuance of Ext.P2chequetotheappellant,thoughaccordingtothem,it wasissuedasablanksignedcheque.Theyarenotdisputing the fact that they auctioned the kuri which they subscribed with the appellant and future instalments were to be paid, evenafterauctioningthekuri.Obviously,Ext.P2chequewas issuednotunderanythreatorcoercion,andevenaccording totherespondents,itwasissuedasasecurityforthefuture instalmentstobepaidinthekuri,whichtheyhadauctioned. In Moideen v. Johny [2006 KHC 1055], this Court held that, even if a blank cheque was issued as a security, the person in possession of the blank cheque, can enter the amount of the liability and present it to the bank. When a blank cheque is issued by one to another, it gives an authority on the person, to whom itisissued,tofillitupat the appropriate stage, with the necessaryentitiesregarding the liability, and to present it to the bank. In the event of dishonour of that cheque, the accused cannot be absolved from his liability. CRL.A NO. 1029 OF 2008 21 2024:KER:82742 23.Anothercontentiontakenupbylearnedcounselfor the respondents is that, the appellant did not produce the account books of the chitty to show that Rs.2,13,000/-was due from them. Learned counsel for the appellant would submit that, production of account books etc. may be relevant in a civil court, but as far as a criminalcaseunder Section138oftheNIActisconcerned,thereispresumption in favour of the holder of the cheque, and so the burden is upon the respondentstorebutthatpresumption.Shewould rely on a decision of the Hon'ble Apex CourtinChandelD. K.v.M/s.WockhardtLtd.andAnother[2020KHC6204] which says that production of the account books/cash book may be relevant in a civil court; but may not be so, in the criminal case filed under Section 138 of NI Act, because of the presumption raised in favour of the holder of the cheque. 24. The respondents are not disputing the fact that they had subscribed kuries with the appellant company. Ext.D1 passbook shows that the kuri commenced on 12.11.1996, and it was terminated on 12.11.1998. In the CRL.A NO. 1029 OF 2008 22 2024:KER:82742 first page of that passbook, a 'PAID' seal is found with the date14.02.1997.Accordingtotheappellant,itwasthedate onwhichthatkuriwasauctionedbytherespondents. Inthe 10th page of that passbook,thereisanendorsementinred ink, as 'c losed 14.12.1998'. So according to the respondents, the endorsement 'c losed 14.12.1998' andthe 'PAID' seal on the first pageofthepassbook,willshowthat he had paid the entire amount due under that kuri and so, no amount was due, so as to issue Ext.P2 cheque. 25. Learned counsel for the appellant would contend that,ifthekuriwasclosedon14.12.1998,thepassbookwill show the seal 'c losed', just like the 'PAID' seal in the first page. Since the kuri was auctioned by the respondents, definitely there would have been future instalments, to be paid monthly, till the termination of that kuri. When the respondents are alleging discharge of the entire kuri instalments duetotheappellant,itistheirburden,toprove itwithcogentevidence.Theycouldhaveverywellcalledfor the Registers pertaining to the kuri to show that the entire CRL.A NO. 1029 OF 2008 23 2024:KER:82742 amount has been paid by them. Learned counsel for the appellant would say that, since Ext.D1 passbook was in the custody of the respondents, they themselves might have made the red ink entry 'c losed 14.12.1998'. Since Ext.D1 passbook was with the respondents, the manipulation as alleged by the appellant cannot be ruled out. Learned trial court seems to have been carried away by the 'PAID' seal seen on the first page of Ext.D1 passbook to find that, the entire dues of the kuri was paid off by the respondents. Obviously, that 'PAID' seal was regarding payment by the company, when the kuri was auctioned by the respondents. 26.Learnedcounselfortherespondentswouldcontend that, on receipt of Ext.P5 lawyer notice, they sent Ext.D2 reply notice disowning theliabilityanddisputingissuanceof the cheque. But the appellant produced Ext.P10 notice sent by the respondents on receipt of Ext.P5 notice. In Ext.P10 notice, it was stated that the respondents were facing financial difficulties and they were making every effort to raise funds to settle the account. But, learned counsel for CRL.A NO. 1029 OF 2008 24 2024:KER:82742 the respondents would say that, they never sent Ext.P10 replynoticetotheappellant.ButExt.P10(a)postalcoverwill show that, it was sent by the respondents to Adv.Sri.K.S.Babu, who sent Ext.P5 notice. Ext.D2 notice as well as Ext.P10noticeareonthesamedayi.e.10.01.2002. But Ext.D2 was addressed to the appellant directly. The postalreceiptoracknowledgementcardofExt.D2noticewas not produced by the respondents. Since Ext.P5 notice was sent by an advocate, normally the reply also should have been given to that advocate. Ext.P10 notice along with Ext.P10(a) cover seem to be more reliable. On going through Ext.P10 notice, it could be seen that, the respondents were admitting their liability to certain extent, towards the balance amount due on prized chits. 27.Advertingtotheaforesaidfactsandcircumstances, this Court is of the view that, the trial court went wrong in acquitting the accused. So,theimpugnedjudgmentisliable to be set aside. There is evidence to show that Ext.P2 cheque was issued towards discharge of a legally CRL.A NO. 1029 OF 2008 25 2024:KER:82742 enforceable debt, and that cheque was dishonoured for the reason'A/ctransferredtosuitfile.Nobalance.'Theappellant had complied with all the statutory formalities in order to attract an offence punishable under Section 138 of the NI Act.ThecomplainantwasauthorizedasperExt.P8extractof the resolution, to file the complaint and to give evidence. The respondents failed to rebut the presumptions available in favour of the appellant, under Sections 118 and 139 of the NI Act. So, respondents 1 and 2 are found guiltyunder Section 138 of the NI Act. 28. As per Section 141 of the NI Act, if the person committing an offence under Section 138 is a company, every person who, at the time the offence was committed, was in charge of, and was responsible to the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly. Section 141(2) of the NI Act reads thus: CRL.A NO. 1029 OF 2008 26 2024:KER:82742 "141. Offences by companies. -- (1) xxx xxx xxx (2)Notwithstandinganythingcontainedinsub-section(1), where any offence under thisAct,hasbeencommittedby a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to, any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. Explanation: For the purposes, of this section,-- (a) "company"meansanybodycorporateandincludesa firm or other association of individuals; and (b) "director", in relation to a firm, means a partner in the firm." 29. In the case on hand, the 2nd respondent is a partnership firm and the 1st res Full Article
krishna B.Vijaya @ Vijayalakshmi vs R.Balakrishnan on 7 November, 2017 By indiankanoon.org Published On :: R.SAKTHIVEL, J. These Civil Miscellaneous Appeal and Cross Objection are at the instance of the petitioner / appellant and the respondent respectively. In both the cases, challenge is to the Judgment and Decree dated November 7, https://www.mhc.tn.gov.in/judis Page No.2 of 24 CMA NO.3541 OF 2017 & CROSS OBJ. NO.51 OF 2019 2017 passed by the ‘Principal Family Court, Coimbatore’ ['Family Court' for short], in H.M.O.P.No.1445 of 2015. This Common Judgment will govern both of them. Full Article
krishna Rabindra Nath Mondal vs Gopal Krishna Mondal on 12 November, 2024 By indiankanoon.org Published On :: 1. Petitioner/defendant challenged herein order no. 91 dated 12.02.2020 passed by learned Civil Judge, (Junior Division), 2nd court Ranaghat, Nadia in Title Suit No. 78 of 2010. By the order impugned learned court below accepted local investigation Commission report provisionally and fixed the next date for hearing argument of the suit. 2. The brief background of the present case is that one Kumar Krishan Mondal since deceased, father of the petitioner and the original opposite party no. 1 (predecessor of present opposite parties) was the absolute owner of the land measuring about 8.25 decimal in plot no. 452 by way of deed of conveyance dated 24th August, 1955. The said opposite party no. 1, since deceased purchased 5 decimal of the land of the suit property out of said 8.25 decimal of the land from his father aforesaid Kumar Krishna Mondal by a registered deed dated 10.07.1969. Thereafter the said Kumar Krishna died intestate leaving behind legal heirs i.e. the plaintiff/opposite party no.1 herein, defendant/petitioner herein and another son Bimal Mondal and his widow and two daughters who jointly inherited the remaining 3.25 decimal of land of their father in the suit plot. Full Article
krishna Xiaomi India’s Muralikrishnan B Departs; Sudhin Mathur Appointed COO to Drive Growth By www.gizbot.com Published On :: Tue, 05 Nov 2024 17:58:39 +0530 Xiaomi has announced a major leadership transition as President Muralikrishnan B prepares to leave the company at the end of 2024. Muralikrishnan, who played a key role in Xiaomi’s resurgence in India following a challenging period, will pursue a PhD at Full Article
krishna Krishna and Yoga Maya By www.thehindu.com Published On :: Thu, 11 Aug 2016 03:36:16 +0530 Full Article Faith
krishna Krishna’s plans By www.thehindu.com Published On :: Thu, 10 Nov 2016 00:18:20 +0530 Full Article Faith
krishna Xiaomi India President Muralikrishnan B steps down By www.thehindubusinessline.com Published On :: Tue, 05 Nov 2024 17:12:41 +0530 He will continue to support Xiaomi India as an independent strategic advisor Full Article Info-tech
krishna Krishna to dazzle Edinburgh By www.thehindu.com Published On :: Thu, 04 Aug 2016 17:02:34 +0530 Symbolising syncretism, Gauri Diwakar’s production “Hari Ho Gati Meri” will be staged at the upcoming EdinburghFringe Festival. Full Article Friday Review
krishna The Krishna metaphor By www.thehindu.com Published On :: Thu, 11 Aug 2016 18:25:00 +0530 Natyarangam’s annual thematic fest for young dancers opens today. Chitra Swaminathan on its multi-disciplinary approach. Full Article Dance
krishna Different takes on Krishna’s tales By www.thehindu.com Published On :: Thu, 25 Aug 2016 17:29:18 +0530 Refreshing interpretations of ‘Krishna Bharatam’ marked the Natyarangam festival. Full Article Dance
krishna Enlivening anecdotes of Krishna By www.thehindu.com Published On :: Thu, 01 Sep 2016 16:56:02 +0530 Choreography and skilful performances were the highlights. Full Article Friday Review
krishna Balakrishna, Anil Ravipudi Telugu film titled ‘Bhagavanth Kesari’ By www.thehindu.com Published On :: Thu, 08 Jun 2023 13:55:59 +0530 Actor Nandamuri Balakrishna’s 108th film directed by Anil Ravipudi is titled ‘Bhagavanth Kesari’, also stars Kajal Aggarwal, Sree Leela and Arjun Rampal Full Article Movies
krishna ‘Bhagavanth Kesari’ teaser: Anil Ravipudi plays to Balakrishna’s strengths By www.thehindu.com Published On :: Sat, 10 Jun 2023 14:33:39 +0530 The teaser of actor Nandamuri Balakrishna’s 108th film ‘Bhagavanth Kesari’, directed by Anil Ravipudi, has the actor mouthing fan-pleasing dialogues in Hindi and Telangana-laced Telugu Full Article Movies
krishna Regional Development Plan to be developed for Krishnagiri district By www.thehindubusinessline.com Published On :: Sat, 02 Nov 2024 19:14:19 +0530 The plan is expected to provide clear guidelines for zoning, environmental conservation, resource management, and social infrastructure development Full Article National
krishna L.G.Balakrishnan & Bros.Ltd. - Disclosures under Reg. 29(1) of SEBI (SAST) Regulations, 2011 By www.thehindubusinessline.com Published On :: Fri, 02 Aug 2019 15:17:20 +0530 Full Article Disclosures
krishna Balkrishna Paper Mills Ltd - Disclosures under Reg. 10(5) in respect of acquisition under Reg. 10(1)(a) of SEBI (SAST) Regulations, 2011 By www.thehindubusinessline.com Published On :: Tue, 06 Aug 2019 14:10:48 +0530 Full Article Disclosures
krishna Legendary Indian classical dancer Yamini Krishnamurti passes away at 84 By www.thehindubusinessline.com Published On :: Sat, 03 Aug 2024 21:13:03 +0530 Yamini was a celebrated exponent of Bharatanatyam and Kuchipudi, receiving numerous accolades throughout her illustrious career. Full Article Variety
krishna More compliance does not mean tax terrorism: Gopal Krishna Agarwal By www.thehindubusinessline.com Published On :: Tue, 11 Feb 2020 08:03:07 +0530 Full Article India File
krishna Krishna Ella is new president of Indian Vaccine Manufacturers Association By www.thehindubusinessline.com Published On :: Mon, 29 Apr 2024 12:07:57 +0530 “Vaccines are the vital pillar of global health, and the IVMA mission is to ensure that every individual, regardless of where they live, has access to life-saving immuniszations” - Krishna Ella, Co-Founder, Executive Chairman of Bharat Biotech Full Article Science
krishna Krishna Ella awarded Dean’s Medal by Johns Hopkins Bloomberg School of Public Health By www.thehindubusinessline.com Published On :: Fri, 24 May 2024 15:55:36 +0530 Under Ella’s guidance, Bharat Biotech created several groundbreaking vaccines, including Covaxin, India’s first indigenous Covid-19 vaccine Full Article Science
krishna NDA candidate Krishnakumar slams UDF, LDF for ignoring development in Palakkad By www.thehindu.com Published On :: Tue, 12 Nov 2024 20:53:56 +0530 Full Article Kerala
krishna New classrooms inaugurated in Krishnagiri By www.thehindu.com Published On :: Fri, 08 Nov 2024 19:34:18 +0530 Full Article Coimbatore
krishna Three of a family killed in an accident in Krishnagiri By www.thehindu.com Published On :: Fri, 08 Nov 2024 20:39:30 +0530 Full Article Coimbatore
krishna Social Welfare department holds orientation programme on PoSH Act in Krishnagiri By www.thehindu.com Published On :: Sat, 09 Nov 2024 18:55:22 +0530 Full Article Coimbatore
krishna 14,081 farmers have accessed free power scheme in Krishnagiri By www.thehindu.com Published On :: Sat, 09 Nov 2024 20:14:19 +0530 Full Article Coimbatore
krishna RUNC: Karthik Ramakrishnan By endeavors.unc.edu Published On :: Tue, 22 Oct 2024 12:57:02 +0000 Karthik Ramakrishnan harnesses physics to study diseases in the brain and the heart. The post RUNC: Karthik Ramakrishnan appeared first on UNC Research Stories. Full Article Earth Research UNCovered biology Biomedical Engineering neuroscience physics student UNC College of Arts and Science UNC Research UNC School of Medicine UNC-Chapel Hill undergraduate undergraduate student
krishna It’s half a century in dance for actor Vineeth Radhakrishnan By www.thehindu.com Published On :: Sat, 17 Jun 2023 02:25:43 +0530 Winner of the first Kalaprathibha award instituted by the Kerala government in 1986, the actor now runs a dance school in Kochi and says connecting with students is a learning experience Full Article Kerala
krishna Forum organises lecture to commemorate historian Krishna Ayyar By www.thehindu.com Published On :: Sat, 09 Nov 2024 21:17:55 +0530 Full Article Kerala
krishna Krishna Basin irrigation projects in Telugu States may be hit hard by rainfall deficit By www.thehindu.com Published On :: Mon, 21 Aug 2023 13:37:41 +0530 The Nagarjuna Sagar reservoir, which serves a cultivation area of around 22.12 lakh acres across Telangana and Andhra Pradesh, is less than half-full even in the third week of August Full Article States
krishna Chess Olympiad | Absolute domination by both Indian teams, says Harikrishna By www.thehindu.com Published On :: Tue, 24 Sep 2024 22:49:07 +0530 Full Article Other Sports
krishna Paddy farmers of Kruthivennu, Bantumilli mandals in Krishna district of A.P. stage dharna demanding water for rabi crop By www.thehindu.com Published On :: Sun, 03 Nov 2024 15:26:29 +0530 With no water in the irrigation canals salinity was causing problems for the crop in the coastal region, farmers’ body leader said Full Article Andhra Pradesh
krishna Setting up of industrial corridor, development of roads in Krishna district soon: Minister By www.thehindu.com Published On :: Tue, 05 Nov 2024 09:03:58 +0530 Full Article Andhra Pradesh
