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Indian Laws - Highlights / Catch Notes

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Dishonor of Cheque - authorised signatory to the cheque was in ...


Prosecution Fails as Companies Not Named in Cheque Dishonor Case; Authorized Signatory Alone Insufficient to Proceed.

November 10, 2021

Case Laws     Indian Laws     HC

Dishonor of Cheque - authorised signatory to the cheque was in control of the day to-day affairs of the said company at the time of issuance of the cheques or not - Once this Court has unambiguously arrived at a conclusion that the present proceeding initiated against the petitioner has no legs to stand in view of the companies not having been arrayed as a party, the ancillary contentions raised by the petitioner does not require any consideration as the whole prosecution initiated against the petitioner falls down like a pack of cards in the absence of the companies being arrayed as accused. - HC

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