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GUJARAT HIGH COURT
Year of decision: 2016
Details
Negotiable Instruments Act, 1881, Section 138, 141-- Dishonour of cheque - Vicarious liability - Offence by company - Complaint u/s 138 of the Act - In absence of cogent material, no liability can be fastened on Non-Executive Director which includes office bearers concerned with accounts department of company...........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Negotiable Instruments Act, 1881, Section 141(2)-- Dishonour of cheque - Offence by company - Only direct involvement of any Director, Manager, Secretary or other officer of a company in the commission of an offence, would make such officer liable u/s 141(2) of the Act...........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Negotiable Instruments Act, 1881, Section 138, 141-- Dishonour of cheque - Offence by company - Accused Nos.2 & 3 are whole-time Director and Executive Director of company and they were in charge of day to day affairs of Company - There are specific averments in the complaint for issuance of summons against said accused persons - Complaint makes out..........
ALLAHABAD HIGH COURT
Year of decision: 2016
Details
Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 482-- Dishonour of cheque - Quashing of complaint - Offence by company - Vicarious liability - It is evident from record that present petitioner is director and share-holder of company and company runs business of giving software solutions to its customers - Apart from this, company is also accepting,..........
BOMBAY HIGH COURT
Year of decision: 2016
Details
Negotiable Instruments Act, 1881, Section 138, 141-- Dishonour of cheque - Vicarious liability - Offence by company - Post dated cheque - Accused issued cheque in capacity of director of company and when cheque got dishonoured accused ceased to be director of company - It is no ground to quash proceedings against accused, especially when averment in..........
CALCUTTA HIGH COURT
Year of decision: 2016
Details
Negotiable Instruments Act, 1881, Section 138, 141-- Dishonour of cheque - Notice - Offence by company - Notice demanding payment issued upon Director/authorised signatory of cheque, who has represented drawer company in course of transaction - Shall be deemed to be notice issued upon company itself as knowledge of notice to human agency is..........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Negotiable Instruments Act, 1881, Section 138, 141-- Dishonour of cheque - Offence by company - Vicarious liability - Simply because someone is a Director in a company, he cannot be held responsible in respect of a cheque issued on behalf of company - However, if concerned Director is i, charge of and is responsible to the company for its conduct of..........
BOMBAY HIGH COURT
Year of decision: 2015
Details
Negotiable Instruments Act, 1881, Section 138, 141-- Dishonour of cheque - Offence by company - Drawer of cheque was the company - Cheques drawn from the account of company - Accused signed cheques on behalf of company in his capacity as director thereof - Company would be responsible and liable for dishonour of cheque - Prosecution of accused..........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Company - Managing Director - When accused is Managing Director then specific averment that accused was incharge and responsible for affairs of the company is not required as Managing Director by virtue of his position is liable to be proceeded with...........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Company - Managing Director - When accused is Managing Director then specific averment that accused was incharge and responsible for affairs of the company is not required as Managing Director by virtue of his position is liable to be proceeded with...........

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