Indian Penal Code, 1860, Section 420, 409, 406 - - Company - Vicarious liability - Complaint against company, its Managing Director, Company Secretary and 4 directors - Summoning order against Managing Director, Company Secretary and four directors quashed as (i) Witnesses examined by complainant did not specifically state as to which of the accused committed breach of..........
Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Offence by Company - Quashing of complaint - Petitioners were not Directors of Company on the date on which cheque was issued - Held, petitioners cannot be made liable vicariously u/ss 138 and 141 of the Act - Impugned complaint quashed and set aside qua..........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Offence by company - Petitioner being Director of company took active part in business of Company - Petitioner resigned from Company after issuance of cheques - Held, looking to the allegation made in complaint regarding role of petitioner in assessing liabilities and issuance of cheques along with..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Company - Directors of sister concern - Held, Directors of sister concern cannot be roped in for vicarious liability, unless it is first pleaded in the complaint that such Directors are common to both the sister concerns...........
Prevention of Food Adulteration Act, 1954, Section 20, 20A, 17, Criminal Procedure Code, 1973, Section 305, 319 -- Offence by company - Sample of `Fruit Yogurt' was found to be not conforming to standard of `Fruit Yogurt' - Prosecution of directors - Held, provision of S.20A could be used only to summon manufacturer, distributor or dealer - Cognizance could not be taken..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Complaint - Summoning order - Setting aside of - Averments in complaint are sufficient for the purpose of summoning petitioners - Held, summoning order cannot be set aside - It shall, however, be open to petitioners to lead evidence before trial Court to show..........
Criminal Procedure Code, 1973, Section 319, Drugs and Cosmetics Act, 1940, Section 32A -- Additional accused - Offence under Drugs and Cosmetics Act - Impleadment of other directors of company - Permissibility - Held, where manufacturing company of drug and also its director are proceeded for an offence under the Act, S.319 of the Code does not enable Court to implead..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque issued by Company - Complaint against petitioners describing them as Directors - Petitioners neither signatories nor Directors of the Company - Cannot be impleaded as accused especially when there is no specific allegation against them in the complaint or in the record or the documents produced..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by Company - Vicarious liability - Petitioners as Chairman and Directors of Company were informed of their role while transacting with respondent/complainant - Petitioners have categorical role in transaction - Petitioner No.1 indeed was representing company in several other proceedings -..........
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 proceedings against..........
