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Attachment of Pre Offence Mortgaged Property remains possible under PMLA; secured creditors may pursue statutory claim and seek auction with undertaki...
Dishonour of cheque under the Negotiable Instruments law and vicarious liability of a company officer were central: the managing director, being signatory and in charge of day-to-day affairs, issued cheques in partial discharge of debt and those cheques were dishonoured for insufficiency of funds, and statutory notice remained uncomplied with; on that basis the trial and appellate courts' findings that the offence under the Negotiable Instruments law was made out were upheld. The sentence as modified on appeal was found not to warrant interference and the revision challenging conviction and sentence was dismissed.
Dishonour of cheque under the Negotiable Instruments law and vicarious liability of a company officer were central: the managing director, being signatory and in charge of day-to-day affairs, issued cheques in partial discharge of debt and those cheques were dishonoured for insufficiency of funds, and statutory notice remained uncomplied with; on that basis the trial and appellate courts' findings that the offence under the Negotiable Instruments law was made out were upheld. The sentence as modified on appeal was found not to warrant interference and the revision challenging conviction and sentence was dismissed.
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