IMMANUEL JUSTINE Vs. SREEVIDYA K P

JUDGEMENT

(1.) The petitioner is the managing partner of a firm which has been found guilty, convicted and sentenced as the 1st accused in a prosecution under Section 138 of the N.I Act. The petitioner has not been made an accused personally. He only represented the 1st accused as its Managing Partner. There was no allegation or finding that the petitioner had any personal culpable liability for the offence proved in the case. The signatory of the cheque, a partner was arrayed as the 2nd accused. He has been found guilty, convicted and sentenced also.

(2.) The petitioner has come to this Court with a short grievance that the learned Magistrate, illegally, incorrectly and improperly, is issuing non bailable warrant against the petitioner to arrest him for the alleged liability of the 1st accused. This is impermissible in law and the non bailable warrant issued against him deserves to be quashed, it is urged.

(3.) Report of the learned Magistrate was called for. The learned Magistrate submits that solely because of an error, non bailable warrant of arrest happened to be issued against the petitioner, who only represents the firm. The learned Magistrate virtually accepts that the sentence against the 1st accused - a fine of Rs.50,000/- cannot be attempted to be recovered by any default sentence against the petitioner. In these circumstances, the prayer of the petitioner has only got to be accepted.