Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Offence by company - Quashing of proceedings - Cheque issued by 1st accused company got dishonoured - Bald averment in complaint that petitioners were also involved in day to day administration of company - Except allegations in complaint, there is..........
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 -- 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...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Company - Director - Vicarious liability - Absence of necessary averments - In the absence of necessary averments complaint is liable to be quashed against the Director - Contention that it is for the Director to show that he was not responsible or was not incharge of the business of the company..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Proprietary firm - Dishonor of cheque allegedly issued, signed and drawn from bank account maintained by accused No.1, wife of applicant/accused No.2, proprietor of Proprietorship Firm - Applicant/accused No.2 is neither signatory to cheques in question which are dishonored nor same are drawn from..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Proviso - Dishonour of cheque - Offence by company - Vicarious liability - Held, proviso to S.141 of the Act clearly provides that if accused is able to prove to satisfaction of Court that offence was committed without his knowledge or he had exercised due diligence to prevent commission of such offence then he will not..........
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 - Vicarious liability - If a person who commits offence u/s 138 of the Act is a company, the company as well as every person in charge of and responsible to the company for the conduct of business of the company at the time of commission of offence is deemed to be guilty of the offence...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence of company - Vicarious liability of directors - Relevant date for - Held, at stage of summoning, relevant date to fasten "vicarious liability" on directors would be date of issue of cheques - Ingredients for bringing a person within ambit of S.141 of the Act are different from that of an..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Company - Director - Vicarious liability - It is necessary to specifically aver in a complaint u/s 141 that at the time the offence was committed, the person accused was in charge of, and responsible for the conduct of business of the company - This averment is an essential requirement of Section..........
