Tagged: Negotiable Instruments Act

SUPREME COURT OF INDIA – NEGOTIABLE INSTRUMENTS ACT SECTION 138 – FILING OF COMPLAINT AFTER SECOND NOTICE

Supreme Court of India Date of Judgement: 26.09.2012 In the result, we overrule the decision in Sadanandan Bhadran’s case (supra) and hold that prosecution based upon second or successive dishonour of the cheque is also permissible so long as the same satisfies the requirements stipulated in the proviso to Section 138 of the Negotiable Instruments Act. The reference is answered...

SUPREME COURT OF INDIA – NEGOTIABLE INSTRUMENTS ACT SECTION 138 – PROSECUTION OF PERSON IN CHARGE OF A COMPANY IS NOT POSSIBLE IN THE ABSENCE OF THE COMPANY AS AN ACCUSED

Supreme Court of India Date of Judgement: 27.04.2012 In this Criminal Appeal the common proposition of law that has emerged for consideration is whether an authorised signatory of a company would be liable for prosecution under Section 138 of the Negotiable Instruments Act without the company being arraigned as an accused. These two appeals were initially heard by a two-Judge Bench and there was difference of...