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...
Advance-ruling mechanism governs pending GST classification, exemption and taxability disputes, limiting writ review once the specialised forum functi...
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.
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.
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