https://www.taxtmi.com/caselaws?id=773047 The Allahabad HC dismissed an application seeking to quash a complaint under Section 138 of the Negotiable Instruments Act. The court held that a partnership firm partner has implied authority to file criminal complaints for cheque dishonour without explicit authorization. The complaint satisfied Section 141 requirements against company directors, containing specific averments about their responsibility for day-to-day affairs. The court ruled that IBC moratorium under Section 14 does not protect directors from Section 138 proceedings, citing SC precedents. The complaint was deemed maintainable and the summoning order was upheld. en-us Tue, 27 May 2025 00:00:00 +0530 Wed, 18 Jun 2025 09:04:32 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=773047 The Allahabad HC dismissed an application seeking to quash a complaint under Section 138 of the Negotiable Instruments Act. The court held that a partnership firm partner has implied authority to file criminal complaints for cheque dishonour without explicit authorization. The complaint satisfied Section 141 requirements against company directors, containing specific averments about their responsibility for day-to-day affairs. The court ruled that IBC moratorium under Section 14 does not protect directors from Section 138 proceedings, citing SC precedents. The complaint was deemed maintainable and the summoning order was upheld. Case-Laws Indian Laws Tue, 27 May 2025 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=773047