Condonation of Delay: directoral disputes and pending company proceedings can constitute reasonable cause, allowing a belated return to be treated as ...
Revisionary jurisdiction under section 263 upheld; faceless assessments subject to revision when AO fails requisite enquiries, remitted for fresh asse...
Section 138 applies only to the drawer of the dishonoured cheque, meaning the person who drew and signed it on the relevant account. A joint account holder cannot be prosecuted unless also a signatory, and vicarious liability under Section 141 is confined to companies and similar entities, not private individuals. On that basis, where the cheques were signed only by the co-accused and no specific role was attributed to the applicant beyond joint and several liability, no prima facie case was made out. The complaint and summoning order were quashed only against the applicant; proceedings against the signatory continued.
Section 138 applies only to the drawer of the dishonoured cheque, meaning the person who drew and signed it on the relevant account. A joint account holder cannot be prosecuted unless also a signatory, and vicarious liability under Section 141 is confined to companies and similar entities, not private individuals. On that basis, where the cheques were signed only by the co-accused and no specific role was attributed to the applicant beyond joint and several liability, no prima facie case was made out. The complaint and summoning order were quashed only against the applicant; proceedings against the signatory continued.
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