The Gujarat High Court held that the applicant, as a director ...

Gujarat High Court: Directors Can Be Prosecuted Without Notice u/s 319 CrPC for Cheque Offenses.

May 31, 2024

Case Laws     Indian Laws     HC

The Gujarat High Court held that the applicant, as a director and signatory of cheques, can be accused u/s 319 of CrPC despite non-service of notice u/s 138(b) of N.I. Act. The court emphasized the applicant's responsibility for company conduct. Citing Krisha Texport and Capital Markets case, the court found prosecution without notice valid. Impleadment u/s 319 after statutory period expiry is permissible pre-cognizance. The trial court's order was deemed lawful as no abuse of process occurred. The application was dismissed, and the rule discharged.

View Source