Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by company - Vicarious liability - For making a Director of a company liable for offences committed by Company, there must be specific averments against Director showing as to how and in what manner Director was responsible for conduct of business of company...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by company - Vicarious liability - Erstwhile Director of company - Cheques in question neither issued by accused/Director nor he was involved in the day to day affair of company - Name of accused not shown as involved in the working of company - Accused resigned even before presentation of..........
Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 227, 482 -- Dishonour of cheque - Offence by company - Admittedly, resignation of accused was accepted by company and resolution was passed by company - However, forwarding of Form No.32 by accused to Registrar of Companies will be matter of trial - Therefore, Court cannot enter into..........
Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 427 -- Dishonour of cheques - Sentence - Eighteen complaints relatable to one single transaction giving rise to one cause of action - Substantive sentence is to be concurrently rather than independent/consecutive sentence in each complaint cases, which is not so in case of sentence..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by company - S.141 has application only if company has committed an offence u/s 138 of the Act...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Company - Cheque issued in discharge of personal liability of petitioner - Transaction alleged in the complaint is a transaction with the petitioner personally - Signatory of cheque is petitioner himself - Company concerned has no role to play in the transaction - Merely because rubber stamp of..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Vicarious liability - Offence by company - New management took over company during dispute between accused/company and complainant - Complainant misused blank signed cheque issued in year 1994, on strength of report of Chartered Accountants - Even, accounts in which cheque was drawn, already stood..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Vicarious liability - Offence by company - Existing debt - Blank cheque - Signed blank cheque misused by complainant after almost 17 years - Such misuse can be inferred from indirect threats given in statutory notice itself that if amount is not paid, then complainant will fill up signed blank..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Vicarious liability - Offence by company - Complaint u/s 138 of the Act - Where offence u/s 138 of the Act is committed by company, complainant is required to give serious thought and make enquiries and ascertain the fact as to whether particular director is incharge of and responsible for affairs..........
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...........
