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VENKATA JYOTHIRMAI PRATAPA
Gutti Rama Subrahmanyam, S/o. Gutti Venkata Subba Rao – Appellant
Versus
State of Andhra Pradesh, Rep. through the Public Prosecutor – Respondent
ORDER :
Venkata Jyothirmai Pratapa, J.
The instant petition under Section 482 of Code of Criminal Procedure, 1973, [for short ‘Cr.P.C’] is filed by the Petitioner/Accused No.7 respectively, seeking to quash the proceedings against him in C.C.No.553 of 2020 on the file of the Court of Special Mobile Judicial Magistrate of First Class, Guntur, registered for the offences punishable under Sections 138, 141, 142-A and 143 of Negotiable Instruments Act,1881, [for short ‘N.I. Act’].
2. The facts which led to the filing of this petition :
b. At the request of all the accused, the complainant had supplied cotton on credit basis under different invoices on different dates, for the business of A.1-Company. All the accused agreed to make payment within three days from the date of invoice failing whi
There is no disputes with regard to the signature on the cheuqe and her defence is that the brother-in-law had obtained her signature under the pretext that for emergency purpose this would be requir....
Liability under Section 141 of the NI Act requires being in charge and responsible for the company's affairs. The court's decision was influenced by the interpretation of this legal provision.
Directors who have resigned cannot be held liable for cheques issued after their resignation unless specific allegations of responsibility are made.
A director who resigns before the cheque issuance cannot be held liable under Sections 138 and 141 of the NI Act, evidenced by credible documents demonstrating resignation.
A director who resigns before a cheque is issued cannot be held liable for its dishonour, supported by public documents proving resignation.
A director who has resigned prior to the issuance of a cheque cannot be held vicariously liable for its dishonor under Section 138 of the N.I. Act.
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