ARPIT JHANWAR Vs. KAMLESH JAIN

JUDGEMENT

(1.) A Hindu Undivided Family" - (HUF) is an Association of Individuals; so it is a company in terms of Section 141 of the Negotiable Instruments Act and thus, every member of the HUF is vicariously liable for punishment for the offence under Section 138 of the Negotiable Instruments Act committed by the Kartha of the HUF. This is precisely the stand of the complainant, in these cases, which is seriously refuted by the accused. This question is the basis for the instant petitions.

(2.) In all these cases, besides the fact that the petitioner and respondent are one and the same, since common grounds have been raised, these petitions have been heard together and they are disposed of by means of this common order.

(3.) The respondent instituted prosecution in all these cases alleging that the petitioner along with the other accused committed offence punishable under Section 138 of the Negotiable Instruments Act (hereinafter referred to as the Act). The petitioner is the second accused in all these cases.