Pre-trial bail granted where custodial period, documentary prosecution, and magistrate-triable offence favor release subject to surety and no witness ...
Allowability of Salary Exemptions: Form 16 entries can substantiate HRA and other salary exemptions, and home loan interest is deductible for a self-o...
Capital gains exemption: payment for plot, architect fees and bona fide commencement of construction can satisfy utilisation requirement and secure re...
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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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