Proportionality in company penalty quantification requires aggravating and mitigating factors; mechanical multiplication of director liability is impe...
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SC held that a complaint under the Negotiable Instruments Act is maintainable against a trustee who signs a cheque that is dishonoured, without necessity to array the trust as an accused. The Court reiterated that persons occupying offices entitling them to control daily conduct-by virtue of designation-fall within s.141, NI Act, and that the signatory to a dishonoured cheque is criminally liable under s.141. The impugned judgment was quashed and the appeal allowed. The Registry was directed to obtain orders from the CJI for constitution of an appropriate Bench to decide the pending reference in the related Special Leave Petition.
SC held that a complaint under the Negotiable Instruments Act is maintainable against a trustee who signs a cheque that is dishonoured, without necessity to array the trust as an accused. The Court reiterated that persons occupying offices entitling them to control daily conduct-by virtue of designation-fall within s.141, NI Act, and that the signatory to a dishonoured cheque is criminally liable under s.141. The impugned judgment was quashed and the appeal allowed. The Registry was directed to obtain orders from the CJI for constitution of an appropriate Bench to decide the pending reference in the related Special Leave Petition.
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