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2020 (3) TMI 245 - HC - Indian LawsDishonor of Cheque - Case of petitioner is that complaint is not maintainable under section 138 and 141 of NI Act as complainant is neither proprietor of M/s Sunlight Aerosol, New Delhi nor Shri Zile Singh is authorized person to file the complaint, nor complainant filed any document on record in support thereof - HELD THAT:- Though the complaint is filed against company through petitioner being proprietor of the accused company, but fact remains that in a private limited company or limited company, there is no proprietorship. However, on this ground, the complaint cannot be rejected. With regard to notice under Section 251 Cr.P.C. which has not been framed against accused company and only against the petitioner who is an individual, there are force in the submission of learned counsel for petitioner that cheque in question is issued by him in the capacity of signatory of the company and not as an individual, however, without commenting much on the merits of the case, since compensation amount has already been paid and the fact that petitioner has already undergone 23 days in judicial custody, I hereby while maintaining the conviction, release the petitioner on sentence already undergone. Since the sentence awarded to the petitioner is less than two years and it is a first conviction against the petitioner, therefore, I hereby give him benefit of Section 12 of Probation of offenders Act. Thus, the petitioner shall not suffer disqualification, if any, attaching to the conviction for the above stated offence. Petition disposed off.
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