https://www.taxtmi.com/caselaws?id=421259 Cheques dishonoured for insufficiency of funds attracted the presumption under section 139 of the Negotiable Instruments Act once the underlying liability, cheque issuance, and bank return memos were shown, and the accused failed to rebut that presumption with a probable defence. Notice was treated as duly served on the principal officer, and the company's officers could not avoid vicarious liability on a plea of separate non-service. The conviction under sections 138 and 141 was upheld. The sentencing order was then modified because a company, as a juristic person, cannot suffer imprisonment in default of payment; the company was confined to fine, while the individual accused remained subject to their separate fines and default sentences. en-us Tue, 19 Apr 2022 00:00:00 +0530 Thu, 21 Apr 2022 08:31:03 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=421259 Cheques dishonoured for insufficiency of funds attracted the presumption under section 139 of the Negotiable Instruments Act once the underlying liability, cheque issuance, and bank return memos were shown, and the accused failed to rebut that presumption with a probable defence. Notice was treated as duly served on the principal officer, and the company's officers could not avoid vicarious liability on a plea of separate non-service. The conviction under sections 138 and 141 was upheld. The sentencing order was then modified because a company, as a juristic person, cannot suffer imprisonment in default of payment; the company was confined to fine, while the individual accused remained subject to their separate fines and default sentences. Case-Laws Indian Laws Tue, 19 Apr 2022 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=421259