https://www.taxtmi.com/caselaws?id=295571 A cheque dishonour complaint under Sections 138 and 141 of the Negotiable Instruments Act disclosed a prima facie offence where the cheque was returned for insufficiency of funds, and the defence that goods were rejected raised a disputed factual question that could not be resolved at the quashing stage. In a prosecution against the company as drawer and the director as a person in charge, statutory notice under the proviso to Section 138 was required only to be served on the company; no separate notice to the director was a condition precedent to his vicarious prosecution. The challenge to quashing therefore failed. en-us Thu, 14 Mar 1991 00:00:00 +0530 Wed, 09 Jun 2021 19:34:02 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=295571 A cheque dishonour complaint under Sections 138 and 141 of the Negotiable Instruments Act disclosed a prima facie offence where the cheque was returned for insufficiency of funds, and the defence that goods were rejected raised a disputed factual question that could not be resolved at the quashing stage. In a prosecution against the company as drawer and the director as a person in charge, statutory notice under the proviso to Section 138 was required only to be served on the company; no separate notice to the director was a condition precedent to his vicarious prosecution. The challenge to quashing therefore failed. Case-Laws Indian Laws Thu, 14 Mar 1991 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=295571