Back
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
DIVYESH A. JOSHI
Rakhidevi Umashankar Agarwal W/O Umashankar Shyamlal Agarwal – Appellant
Versus
Religare Finvest Ltd – Respondent
| Table of Content |
|---|
| 1. application under section 482 (Para 1) |
| 2. case of the complainant (Para 2) |
| 3. knowledge of one and all (Para 4 , 5) |
| 4. applicant is one of the directors (Para 6) |
| 5. dispute between two private persons (Para 7) |
| 6. the only question that falls (Para 8) |
| 7. requirements of section 141 (Para 9) |
| 8. the liability under section 141 (Para 10) |
| 9. the applicant accused no.3 (Para 11) |
| 10. the present application is required (Para 12) |
ORDER :
2. The case of the complainant can be summarized as under:-
2.2 The complainant has filed complaint against all the accused persons alongwith all relevant documents and materials available with him. After considering and appreciating all those documents and materials available on record, the court concerned thought it fit that prima-facie case is made out against accused persons and passed an order for issuance of process under Section-204 of Cr.P.C. against the accused persons. As soon as order of issuance of process served to the accused persons, the applicant-accused no.3 has approached this court. Hence, the present application.
4. Mr. Aditya Gupta, learned advocate for the applicant submits that it is well within the knowledge of one and all tha
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.
Dishonour of cheque – Offence by company – If person responsible to company for conduct of business of company, was not in charge of conduct of business of company, then he can be made liable only if....
Vicarious liability under Section 141(1) of the NI Act must be strictly construed, and the complaint should provide specific averments to establish the accused's responsibility for the company's cond....
A director cannot be held vicariously liable for a company's actions after resignation unless specific allegations of involvement are made in the complaint.
Sufficient averments in a complaint against a director fulfill requirements of Section 141 of the NI Act for vicarious liability. Failure to respond to statutory notices under Section 138 infers liab....
Liability of directors under Section 138 of the Negotiable Instruments Act depends on their active role and responsibility for the company's business conduct, not merely their directorship.
(1) Dishonour of cheque – Offence by company – For fastening criminal liability, there is no legal requirement for complainant to show that accused partner of firm was aware about each and every tran....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
