Rectification of mistake remains limited to self-evident record errors, preventing merits review through miscellaneous applications and preserving fin...
Tender creditworthiness conditions may extend to de facto Promoter Directors, with post-participation challenges generally barred absent arbitrariness...
Corporate representation in PMLA summons proceedings permitted through an authorised signatory, subject to directors' continuing cooperation and atten...
Helicopter charter classification requires effective control analysis, while territorial performance, reasoned credit orders and wilful suppression de...
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The HC upheld the conviction of the revision petitioner for dishonor of cheques, rejecting claims regarding complaint maintainability. The Court distinguished this case from A.C. Narayanan, finding proper authorization existed for filing the complaint as evidenced by corporate resolutions and the Memorandum and Articles of Association. The petitioner's contradictory defenses-claiming cheques were security deposits while also alleging coercion-undermined credibility. The petitioner's reply notice (Ex.P.46) acknowledged receipt of diamond jewelry and requested patience for payment, constituting admission of the transaction. Finding no perversity in the lower courts' findings based on documentary evidence, the HC dismissed the revision petition, concluding the complaint was maintainable and conviction justified under the NI Act.
The HC upheld the conviction of the revision petitioner for dishonor of cheques, rejecting claims regarding complaint maintainability. The Court distinguished this case from A.C. Narayanan, finding proper authorization existed for filing the complaint as evidenced by corporate resolutions and the Memorandum and Articles of Association. The petitioner's contradictory defenses-claiming cheques were security deposits while also alleging coercion-undermined credibility. The petitioner's reply notice (Ex.P.46) acknowledged receipt of diamond jewelry and requested patience for payment, constituting admission of the transaction. Finding no perversity in the lower courts' findings based on documentary evidence, the HC dismissed the revision petition, concluding the complaint was maintainable and conviction justified under the NI Act.
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