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RMT. TEEKAA RAMAN
P. Ravichandran, Green Tree Homes and Ventures – Appellant
Versus
Ajeet Kumar Kothari, Son of Padam Chand Kothari – Respondent
ORDER :
(Prayer: The Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure to call for the records culminating in the criminal proceedings pending against the Petitioner in C.C.No.1333 of 2015 on the file of the learned VIII Metropolitan Magistrate, George Town, Chennai and quash the same.)
The Criminal Original Petition has been filed to call for the records culminating in the criminal proceedings pending against the Petitioner in C.C.No.1333 of 2015 on the file of the learned VIII Metropolitan Magistrate, George Town, Chennai and quash the same.
2. The Petitioner herein is the fourth accused in C.C.No.1333 of 2015 on the file of the learned VIII Metropolitan Magistrate, George Town, Chennai. This Petition for quashing C.C.No.1333 of 2015 has been filed on the ground that on the date of issuance of cheque, the Petitioner was not a Director of the Company and was not a signatory to the cheque.
3. The Respondent herein filed a private complaint under Section 200 of Cr.P.C., for the alleged offences under Sections 138 & 142 of Negotiable Instruments Act, on the basis of dishonoured cheque issued on 10.03.2015 and 10.04.2015 and the same was taken on file
Directors can be absolved from criminal liability under the Negotiable Instruments Act if they have resigned from the directorship before the issuance of a dishonored cheque and are not signatories t....
The necessity of specific averments to fasten vicarious liability on a director under Section 141 of the N.I. Act, and the inability to quash the prosecution based on lack of specific averments in th....
A non-signatory director cannot be held liable under Section 138 of the Negotiable Instruments Act if not responsible for the company's conduct at the time of the offence.
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