<?xml version="1.0" encoding="UTF-8"?>
<?xml-stylesheet type="text/xsl" href="https://www.taxtmi.com/rss_sitemap/rss_feed_blog.xsl?v=1750492856"?>
<rss version="2.0" xmlns:atom="http://www.w3.org/2005/Atom">
  <channel>
    <title>Cheque after company dissolution cannot sustain Section 138 complaint; former director also escapes vicarious liability</title>
    <link>https://www.taxtmi.com/highlights?id=101475</link>
    <description>A cheque allegedly issued after a company&#039;s dissolution cannot support a Section 138 prosecution because the company has already ceased to exist in law and the instrument is void ab initio. The complaint therefore failed on the threshold requirement of a legally enforceable cheque drawn by a subsisting juristic entity, and the Court distinguished cases where dissolution or liquidation occurs after issuance. Vicarious liability under Section 141 also could not be fastened on a former director, as the complaint contained no specific averment that he was in charge of the company&#039;s day-to-day affairs at the relevant time. The complaint and proceedings were quashed, with liberty to pursue other remedies in law.</description>
    <language>en-us</language>
    <pubDate>Wed, 08 Jul 2026 09:08:54 +0530</pubDate>
    <lastBuildDate>Wed, 08 Jul 2026 09:08:56 +0530</lastBuildDate>
    <generator>TaxTMI RSS Generator</generator>
    <atom:link href="https://www.taxtmi.com/rss_feed_blog?id=910587" rel="self" type="application/rss+xml"/>
    <item>
      <title>Cheque after company dissolution cannot sustain Section 138 complaint; former director also escapes vicarious liability</title>
      <link>https://www.taxtmi.com/highlights?id=101475</link>
      <description>A cheque allegedly issued after a company&#039;s dissolution cannot support a Section 138 prosecution because the company has already ceased to exist in law and the instrument is void ab initio. The complaint therefore failed on the threshold requirement of a legally enforceable cheque drawn by a subsisting juristic entity, and the Court distinguished cases where dissolution or liquidation occurs after issuance. Vicarious liability under Section 141 also could not be fastened on a former director, as the complaint contained no specific averment that he was in charge of the company&#039;s day-to-day affairs at the relevant time. The complaint and proceedings were quashed, with liberty to pursue other remedies in law.</description>
      <category>Highlights</category>
      <law>Indian Laws</law>
      <pubDate>Wed, 08 Jul 2026 09:08:54 +0530</pubDate>
      <guid isPermaLink="true">https://www.taxtmi.com/highlights?id=101475</guid>
    </item>
  </channel>
</rss>