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    <title>2006 (10) TMI 511 - KARNATAKA HIGH COURT</title>
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    <description>A dishonoured cheque was treated as issued towards a legally enforceable debt where the company had acknowledged the liability by resolution and the Managing Director issued the cheque on its behalf; the defences of time-barred debt and absence of a money-lending licence failed, and the statutory presumptions were not rebutted. The Chairman and Director were also held liable because the complaint and record showed responsibility for the company&#039;s business and participation in the resolution, rather than merely nominal office. Conviction was sustained, but the fine was reduced as the original monetary punishment was found excessive without adequate reasons.</description>
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    <pubDate>Mon, 16 Oct 2006 00:00:00 +0530</pubDate>
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      <link>https://www.taxtmi.com/caselaws?id=298578</link>
      <description>A dishonoured cheque was treated as issued towards a legally enforceable debt where the company had acknowledged the liability by resolution and the Managing Director issued the cheque on its behalf; the defences of time-barred debt and absence of a money-lending licence failed, and the statutory presumptions were not rebutted. The Chairman and Director were also held liable because the complaint and record showed responsibility for the company&#039;s business and participation in the resolution, rather than merely nominal office. Conviction was sustained, but the fine was reduced as the original monetary punishment was found excessive without adequate reasons.</description>
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