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BOMBAY HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138, 141-- Dishonour of cheque - Offence by company - If drawer of cheque or for that matter, Managing Director or office bearer who received the notice, does not inform the name of person responsible for dishonour of cheque and so the name of person responsible for conducting the business of company is..........
BOMBAY HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138, 141-- Dishonour of cheque - Offence by company - If the office bearer receiving notice prefers to give the reply to statutory notice, it is not sufficient for him to only deny the responsibility, but it becomes necessary for him to say something on behalf of company about the person who can be held..........
BOMBAY HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138, 141-- Dishonour of cheque - Offence by company - If drawer of cheque or for that matter, Managing Director or office bearer who received the notice, does not inform the name of person responsible for dishonour of cheque and so the name of person responsible for conducting the business of company is..........
MADRAS HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Company - Cheque was required to be signed by both Managing Director and Director - Cheque signed by one - There is a structural defect in the cheque - It is not a valid cheque - Conviction set aside - Accused acquitted...........
ORISSA HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 482-- Dishonour of cheque - Offence by Company - Prosecution of Director - Quashing - Petitioner is merely a director of Company and has no active participation in the business of Company - Held, proceedings initiated against petitioner liable to be quashed...........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Company - Managing Director - Petitioner No.2, being the Managing Director of petitioner No.1 Company will be presumed to be aware of day to day functioning and business of the affairs of the company...........
BOMBAY HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138, 141-- Dishonour of cheque - Company - Director - Signed cheque as one of the Directors - Held, such Director cannot avoid facing prosecution only on the ground of his having ceased to be a Director when the last act completing the offence took place - Mere fact of resignation not sufficient to quash the..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 482-- Dishonour of cheque - Offence by company - Prosecution of MD - Quashing of proceedings - At the time of presentation of cheque petitioner was Managing Director of accused No.1-Corporation - Held, petitioner is prima facie answerable to claim - At this stage, it is not permissible for petitioner to..........
DELHI HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Company - Director, signatory of cheque, resigned from the Company - Held, liability of the issue of cheque begins from the date of issuance of cheque in discharge of a liability and not on the date of its presentation - Even if it is presumed that the petitioner had resigned..........
KARNATAKA HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138, 141-- Dishonour of cheque - Offences by Company - Held, complaint against any of the Director or person/s i, charge of Company is very much maintainable despite the fact that Company is not arrayed as an accused - In present case, accused is signatory of cheque and therefore, there is no impediment to..........

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