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HC, in an appeal under S. 378 CrPC, set aside the judgment of acquittal in a cheque dishonour prosecution under Ss. 138 and 141 NI Act. HC held that the appellate court's view was perverse and based on misapplication of S. 141, as it ignored the admitted fact that the accused was the signatory of the dishonoured cheque. HC ruled that for a signatory, liability arises under S. 141(2) NI Act merely by virtue of signing the cheque; no further averment that he was in charge of and responsible for the conduct of the firm's business is required. The well-reasoned conviction by the Trial Court was restored, and the appeal by the complainant was allowed.
HC, in an appeal under S. 378 CrPC, set aside the judgment of acquittal in a cheque dishonour prosecution under Ss. 138 and 141 NI Act. HC held that the appellate court's view was perverse and based on misapplication of S. 141, as it ignored the admitted fact that the accused was the signatory of the dishonoured cheque. HC ruled that for a signatory, liability arises under S. 141(2) NI Act merely by virtue of signing the cheque; no further averment that he was in charge of and responsible for the conduct of the firm's business is required. The well-reasoned conviction by the Trial Court was restored, and the appeal by the complainant was allowed.
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