Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Company - Prosecution of directors - Quashing of proceedings - Petitioner No.1 ceased to be a director in accused company way back on 12.11.2009 - Although petitioner No.1 can be assumed to be privy to transaction, he cannot be assumed to be privy to issue or dishonour of cheques as cheques were..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by company - Prosecution of director - Quashing of - Contention that petitioner No.1 (director of company) have resigned from board of directors much prior to issuance of dishonoured cheque - No specific allegation against petitioner No.1, especially in the light of reply of notice - Held,..........
Negotiable Instruments Act, 1881, Section 138, 141(2), Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Offence by company - Prosecution of director - Quashing of - Question as to whether petitioner is i, charge and responsible for the affairs of company - Held, it would be a matter of evidence - Said question cannot be decided by way of petition filed..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Company - Director - Vicarious liability - It is necessary to specifically aver in a complaint u/s 141 that at the time the offence was committed, the person accused was in charge of, and responsible for the conduct of business of the company - This averment is an essential requirement of Section..........
Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Offence by company - Prosecution of directors - Quashing of - There is no specific, clear and unambiguous allegations as to how and in what manner petitioner was responsible for conduct of business - No specific role assigned to petitioner in respect of..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by company - Summoning of director - Legality - In title of petition, as also in affidavit supporting it, petitioner has stated himself to be director of company - If petitioner had resigned from directorship of company way back on 27.07.2010, then it was not understandable as to how he..........
Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Offence by company - Prosecution of Director - Quashing of - Except in the cause title there are no averments and allegations in complaint that applicant No.2 was Director of company who has issued the cheque - Apart from that even there are no further..........
Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of complaint - Offence by company - Prosecution of employee and directors - No specific averment attributing specific role describing the manner as to how petitioners were i, charge and responsible to the conduct of business affairs of company -..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Company - Direction - Responsible for conduct of day-to-day business of company and cheque signed by him on behalf of company - Held, merely because complainant not described responsibility of each and every Director of company in complaint or role played by different Directors in company the same..........
Negotiable Instruments Act, 1881, Section 138,141 -- Dishonour of cheque - Dishonour of cheque - Offence by company/firm - Mere allegation regarding director's participation in negotiation for financial assistance would not give rise to inference that concerned director was responsible for day-to-day affairs of company...........
