Bona fide disclosure requirements govern under-reporting penalties, and post-penalty immunity applications cannot secure available statutory protectio...
Certificate-of-origin verification procedure governs preferential customs benefits; denial without retroactive verification was set aside with consequ...
Disciplinary Committee jurisdiction and mandatory investigation requirements invalidated cancellation of an insolvency professional's registration and...
Retention of seized property survives where recorded reasons support proceeds of crime, while stayed investigation periods are excluded from limitatio...
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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