https://www.taxtmi.com/caselaws?id=262990 Section 138 liability attaches to the drawer of the cheque, and the absence of the company as an accused does not defeat prosecution where the cheque was issued by the Managing Director in his personal capacity. Section 141 applies to offences by companies, but it does not prevent personal liability of the actual drawer on his own account. On that basis, the conviction and compensation order for cheque dishonour were upheld, with the Court relying on the compensatory object of Chapter XVII of the Negotiable Instruments Act and approving compensation linked to the cheque amount with simple interest and default imprisonment. en-us Mon, 06 Jul 2015 00:00:00 +0530 Fri, 22 Sep 2017 18:04:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=262990 Section 138 liability attaches to the drawer of the cheque, and the absence of the company as an accused does not defeat prosecution where the cheque was issued by the Managing Director in his personal capacity. Section 141 applies to offences by companies, but it does not prevent personal liability of the actual drawer on his own account. On that basis, the conviction and compensation order for cheque dishonour were upheld, with the Court relying on the compensatory object of Chapter XVII of the Negotiable Instruments Act and approving compensation linked to the cheque amount with simple interest and default imprisonment. Case-Laws Indian Laws Mon, 06 Jul 2015 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=262990