Statutory transfer formalities invalidated alleged share and property transfers, while retrospective record manipulation constituted oppression and mi...
Provisional attachment of laundered funds and equivalent-value property sustained, with statutory protection limited to pension, gratuity and providen...
Insolvency moratorium does not shield company officers from cheque dishonour prosecution for liability arising before corporate insolvency proceedings...
In cheque dishonour matters, where a statutory demand notice is returned refused or unclaimed, limitation for a complaint runs from deemed service, meaning the date the complainant receives the returned cover or is informed by postal authorities, not the earlier postal endorsement. The text also reiterates that proof of the transaction and execution of the cheque attracts statutory presumptions as to liability, which can sustain conviction if not rebutted. Applying these principles, the limitation-based acquittal was set aside, the conviction was restored, and the sentence was modified to nominal imprisonment with fine, the substantial amount directed as compensation to the complainant.
In cheque dishonour matters, where a statutory demand notice is returned refused or unclaimed, limitation for a complaint runs from deemed service, meaning the date the complainant receives the returned cover or is informed by postal authorities, not the earlier postal endorsement. The text also reiterates that proof of the transaction and execution of the cheque attracts statutory presumptions as to liability, which can sustain conviction if not rebutted. Applying these principles, the limitation-based acquittal was set aside, the conviction was restored, and the sentence was modified to nominal imprisonment with fine, the substantial amount directed as compensation to the complainant.
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