Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by company - Vicarious liability of director - Held, to make a director of a company vicariously liable for the acts of company, it is obligatory on the part of complainant to make specific allegation as are required in law - In the instant case, apart from company, three directors..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by company - No notice was admittedly sent to petitioner/director before filing complaint u/s 138 of NI Act - Complaint liable to be quashed...........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Company - Cognizance of offence against Managing Director - Factors to be considered - Held, at the stage of taking cognizance, duty of court is to see whether all ingredients have been fulfilled and prima facie case is there or not - At the stage of cognizance, court cannot come to the finding..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Company - Director - Only such person would be held liable if at the time when offence is committed he was in charge and was responsible to the company for the conduct of the business of the company as well as the company - Merely being a Director of the company in the absence of above factors will..........
Negotiable Instruments Act, 1881, Section 138, 141, 142, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Company - Director - Ex. Director of Company arrayed as co-accused - Ex. Direction filed petition for quashing of proceedings - Petitioner had no connection with the company at the time of issuance of cheque and when it bounced - Petition allowed -..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Company - When Director of company can be held vicarious liable? - Held, where company is principal offender then any of its Director would become liable due to legal fiction created u/s 141 N.I. Act - For holding a person vicariously liable for an offence of which principal accused is company, it..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Company - Liability of Director - Company is not the drawer of dishonoured cheques - Dishonoured cheques drawn by one of the other directors from his own personal account - Held, petitioner although, being a director cannot be made liable to face criminal prosecution - As would be evident from bare..........
Prevention of Food Adulteration Act, 1954, Section 7, 16, 17 -- Offence u/s 7/16 of the Act - Company - Promoter of a company - A promoter of a company is neither a Director of the company nor he can be said to be incharge and responsible to the company for the conduct of its business so as to make him vicariously liable - Trial pending since last 20 years - Petitioner not..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Company - Directors - Being Director of the company a Director is not jointly and severally liable for the acts of the company - No averment in complaint that at the time when offence was committed accused No.2 to 7 were incharge and were responsible to the company for the conduct of the business..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Company - Director - Vicarious liability - Director who negotiated for obtaining financial assistance on behalf of the Company cannot be held vicariously liable - It does not give rise to an inference that he was responsible for day-to-day affairs of the company - Vicarious liability on the part of a..........
