Case Name: Saardar Bhupinder Singh v. M/s Green Feeds Through Its Partner Vipin Kumar
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.