Tax Management India. Com
Law and Practice  :  Digital eBook
Research is most exciting & rewarding
  TMI - Tax Management India. Com
Follow us:
  Facebook   Twitter   Linkedin   Telegram
Indian Laws - Highlights / Catch Notes

Home Highlights February 2024 Year 2024 This

Dishonour of Cheque - Petitioner is an agent of the accused no. ...


Cheque Dishonor Case: Petitioner's Vicarious Liability u/s 138 Not Established, Complaint Quashed.

February 19, 2024

Case Laws     Indian Laws     HC

Dishonour of Cheque - Petitioner is an agent of the accused no. 1 firm - vicarious liability of the petitioner - It noted that there were no specific allegations against the petitioner except being labeled as an agent. - The High court found that the offense under Section 138 of the Act was not made out against the petitioner. - It observed that the complaints failed to establish that the petitioner was in charge of or responsible for the conduct of the business of Laycana - The complaint against the petitioner quashed.

View Source

 


 

You may also like:

  1. Dishonour of cheque - vicarious liability not applicable - proprietorship concern - proprietor or signatory liable u/s 138 NI Act, not others - petitioner neither...

  2. Dishonor of cheque - presumption that cheque was issued in discharge of legal liability, burden on accused to prove contrary. Supreme Court observations: While deciding...

  3. 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...

  4. Dishonor of Cheque - Though, the Court has the power to quash the criminal complaint filed u/s 138 of the N.I. Act on the legal issues like limitation, etc. Criminal...

  5. 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...

  6. Dishonor of cheque case - vicarious liability of directors u/s 138 read with Sections 141 and 142 of Negotiable Instruments Act. Court held specific, unambiguous...

  7. Dishonour of Cheque - All that a complaint under Section 138 of N.I. Act requires to contain is such factual averments as are necessary to satisfy the ingredients of the...

  8. Dishonour of cheque - vicarious liability in criminal law - The SC interpreted Section 7 of the NI Act to identify the "drawer" as the individual issuing the cheque,...

  9. Dishonor of Cheque - whether in case of dishonour of cheque on the ground that 'signature does match with specimen' 'signature incomplete' 'signature differ' etc.,...

  10. Dishonor of Cheque - vicarious liability of the Directors for having committed the offence under Section 138 of the N.I.Act - There is no allegation in the entire...

  11. Dishonor of cheque case - Issuance of summons - Cheque furnished as security covered u/s 138 of NI Act or not? - Scope and limited jurisdiction of High Court u/s 482...

  12. Dishonour of Cheque - vicarious liability of the director - appellant was in-charge of day-to-day affairs of the Company or not - The appellant argued against her...

  13. The High Court quashed the criminal proceedings u/s 138 of the Negotiable Instruments Act arising from a complaint case. The petitioners were accused of criminal...

  14. Dishonor of Cheque - insufficiency of funds - misuse of blank signed cheques by power agent - In the absence of the Principal appearing before this Court to substantiate...

  15. This case pertains to the dishonor of cheques and the challenge to cognizance and summoning orders. The key points are: The cheques were signed and issued by respondent...

 

Quick Updates:Latest Updates