Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of proceedings - Allegation contained in complaint and examination on oath of complainant do not reveal that there is an allegation of commission of offence by any Company or Firm nor is there any allegation in complaint that petitioner is either..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Company - Notice - Merely because notice had been served on the company would not hold the Director of the company liable for prosecution...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Company - Liability of Directors - Averment in complaint are only to the extent that no, applicants Directors and/or officer in charge at all material times and also in day to day i, charge of affairs of Company - There is not even an averment that they are responsible to Company for conduct of..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Company - Prosecution of its Directors - In case of a Director, complaint should specifically spell out how and in what manner the Director was in charge of or was responsible to the Company for conduct of its business and mere bald statement that he or she was in charge of and was responsible to the..........
Negotiable Instruments Act, 1881, Section 138, Companies Act, 1956, Section 159, 163, 610(3), Evidence Act, 1872, Section 74 -- Dishonour of cheque - Company - Prosecution of its Directors - Cheque issued in 2004 - Director resigned in the year 1998 - Certified copy of annual return of company dated 30.9.1999 filed with the Registrar placed on record - Certified copy of..........
Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of complaint - A perusal of complaint showing that the same has been filed against petitioner in his individual capacity and not in his capacity as a Director authorized signatory of company - Contention of Petitioner that the premises was leased..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Company - Directors of Company - Vicarious liability - Held, vicarious liability of a person for being prosecuted for an offence committed under the Act by a Company arises if at the material time he was i, charge of and was also responsible to company for conduct of its business - Simply because a..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint on behalf of company - Maintainability - Instead of describing complainant as M/s.Multitech Instruments Co. Pvt. Ltd. through the Director "R", in the title, name of the complainant is mentioned the other way round i.e. "R", Director of M/s.Multitech Instruments Co. Pvt. Ltd. - Held, complaint..........
Negotiable Instruments Act, 1881, Section 138, 141(2) -- Dishonour of cheque - Vicarious liability of Director - Petitioner has been described in title of complaint as director/authorized signatory of company - Cheque in question is purported to have been sent by authorized signatory - Held, in view of the provisions u/s 141(2) NI Act and the law enunciated by Supreme..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Company - Directors - Merely on the basis of Form No.32 it cannot be concluded that a Director resigned before the cheque in dispute was issued - Resignation of a Director, passing resolution by Company to accept resignation and intimation to Registrar of Companies are the factual aspects which can..........
