Legal Question in Criminal Law in India

.provisions realated to Sec 138

if the accused person the only signatory for signing of the cheques and he expires then what will happen to our criminal case. can we prosecute the other directors, who are not looking after day to day affairs of the C.?


Asked on 9/05/01, 2:29 am

2 Answers from Attorneys
Mahesh T. Pai M. A. T. Pai & Mahesh T. Pai

Re: .provisions realated to Sec 138

Not exactly. the prosecution has to prove the personal responsiblity and knowledge of the (co)accused about teh likelihood of funds not being available when the cheque is presented. Only if knowledge can be proved can persons be held liable under criminal law - even for offence u/s 138, NI Act.

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Answered on 10/26/01, 2:41 pm
Umesh Bhagwat Bhagwat&Co.

Re: .provisions realated to Sec 138

Yes,the other directors of the ompany are jointly and severally liable u/s138 for any payment made on behalf of the company.

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Answered on 10/24/01, 10:23 pm


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