Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by Company - Complainant has specifically stated that A-2 is Managing Director of A-1/Company and he was in charge and responsible for day to day affairs of company and was managing business of company at the relevant time - A-2 is signatory to cheques and it was he who issued cheques in..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by Company - Directors - Petitioners are Directors of company - However, cheque was issued under signature of Managing director - Vicarious liability would only be placed on persons who were responsible for conducting day to day business of Company - Since petitioners were never associated..........
Criminal Procedure Code, 1973, Section 482, Punjab Land Preservation Act, 1990, Section 4 -- Quashing of complaint - Offence u/s 4 of 1990 Act - Offence by Company - Managing Director, General Manager and Senior Manager - Company has not been arrayed as an accused in the complaint - No allegations worth the name in the complaint that appellants are directly responsible for..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by company - Directors - Vicarious liability - No averment in the complaint to the effect that appellant is in-charge of and responsible for day to day affairs of company - It is not the case of complainant that appellant is either Managing Director or Joint Managing Director of Company -..........
Prevention of Corruption Act, 1988, Section 2(c), Banking Regulation Act, 1949, Section 460A, Indian Penal Code, 1860, Section 21 -- Public servant - Managing Director and Executive Director of a banking company operating under licence issued by Reserve Bank of India, are public servants, as such they cannot be excluded from definition of `public servant'...........
Prevention of Corruption Act, 1988, Section 313(2), 13(1)(d) -- Illegal gratification - Discharge - Allegations levelled against accused in the charge-sheet is that they misused their official position while they were entrusted with the public money being the Chairman and Managing Director and Executive Director respectively of Bank - However, truthfulness or otherwise of..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Company - Managing Director issued cheque in his capacity as Managing director of Company - Company acquitted - Managing Director cannot be held vicariously liable for the offence committed by the company - Managing Director acquitted...........
Civil Procedure Code, 1908, Order 21, Rule 64, 66 -- Execution - Attachment of property - Suit filed against Company through its Managing Director - Petitioner being Managing Director has given personal undertaking in the written statements, chief-affidavits as well as in cross-examination for repayment of suit amounts personally - He cannot now take a ground that he is..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by Company - Managing Director - Merely because somebody is managing the affairs of the company, per se, he does not become in charge of the conduct of the business of the company or the person responsible for the company for the conduct of the business of the company - In a given case, a..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by company - Commercial Manager - No specific role assigned to him - Rather some other co-accused were holding the post of Managing director, Executive Director etc. - Criminal prosecution of petitioner would be an abuse of process of law - Summoning order qua petitioner quashed...........
