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Indian Laws - Highlights / Catch Notes

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The Delhi High Court dismissed a petition seeking to quash a ...


Dishonour of cheque complaint upheld against CFO u/s 141 NI Act. Section 28 not applicable (which pertains to agents signing cheques).

June 3, 2024

Case Laws     Indian Laws     HC

The Delhi High Court dismissed a petition seeking to quash a complaint u/s 482 CrPC regarding dishonour of a cheque. The petitioner, a Chief Financial Officer, was held liable u/s 138 and 141 of the NI Act as a 'Key Managerial Personnel' of the company and signatory to the cheque. The complaint did not rely on u/s 28 of the NI Act but on u/s 141 to implicate the petitioner. The court distinguished the case from Sivagurunatha Pillai, stating it did not apply. The petition was dismissed, allowing the petitioner to present defenses at the Trial Court.

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