Dishonor of Cheque - Company declared as sick unit - The offence ...

Case Laws Indian Laws

July 19, 2019

Dishonor of Cheque - Company declared as sick unit - The offence not complete, not because there was a statutory bar, but because the directors of the company were prevented by reasons beyond their control from honouring the cheques - issuing process for offence u/s 138 quashed and set aside.

View Source

← Previous Next →

Dishonor of Cheque - Company declared as sick unit - The offence ...

Case Laws Indian Laws

July 19, 2019

You may also like:

Interpretation of Section 141 of the Negotiable Instruments Act, which deals with vicarious liability for offenses committed by companies u/s 138 (dishonor of cheques)....

Dishonor of Cheque - For proving offence under Section 138 of NI Act, it has to be established that the cheque has been issued by the accused to discharge a legally...

Dishonor of Cheque - The statutory notice is given by the respondent on 26.7.2018 and it was received by the petitioner on 27.7.2018. The petitioner was to pay the...

Dishonor of Cheque - vicarious liability of the non-signing partners - It is settled that in terms of explanation of Section 141 of the NI Act, the expression “company”...

Dishonor of Cheque - insufficient funds - privity of contract - where the person committing an offence under Section 138 of the N.I.Act is a company, every person, who,...

Dishonour of Cheque - vicarious liability of director - cheque was issued prior to the date of director joining the company - The petitioners have failed to bring on...

Dishonor of Cheque - framing of charges against the Directors - vicarious liability - only directors of company is made the accused, leaving the company - commission of...

Dishonor of Cheque - cheques in question have not even been issued by the petitioner company - misuse of letter heads of the petitioner company - The petitioner company...

Dishonor of Cheque - Different cheques, may be issued for discharging the liability, arising out of one and same transaction, are separate entities and dishonour of each...

Dishonour of Cheque - retirement from the partnership firm prior to the issuance of the cheque in question - vicarious liability - A bare perusal of Section 141(1) of...

Dishonor of Cheque - service of demand notice - Period of limitation - the petitioner relies on the dates of return memos, i.e., dates of return of cheques in question,...

Dishonor of Cheque - Generally, in the criminal law, mens rea is an essential component of crime but dishonour of cheque is a criminal offence where there is no need to...

Dishonor of Cheque - insufficiency of funds - second and successive presentation of a cheque - The Court in the present case finds that OP No.1 did not send any...

Dishonor of Cheque - Personal liability of the Director / Signatory of the Company - The appellant is not entitled to contend that the offence has been committed by the...

Dishonor of Cheque - Insufficient Funds - Since, the drawer of the cheque was the accused Company, solely on the ground that the respondent had signed the cheque, a...

Quick Updates: