Case Name: Saardar Bhupinder Singh v. M/s Green Feeds Through Its Partner
Case No.: CRM-M-54111-2021
Pronounced on: 26.08.2022
The Punjab & Haryana High Court recently addressed a matter pertaining to a
complaint filed under Section 138 of the Negotiable Instruments Act, 1881. The
court determined that a sole proprietary entity, though solely owned by the
proprietor, is legally recognized as a distinct entity. It is considered 'a
person' liable for an offense under Section 138. Additionally, this entity is
also deemed a 'Company'.
Consequently, not only is the juristic entity itself susceptible to being named
as an accused in the complaint, but also individuals responsible for the
business's operations within the sole proprietary concern must be included as
accused parties in the complaint's memo of parties.