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1 - 10 of 13 (0.24 seconds)The Companies Act, 1956
Section 138 in The Negotiable Instruments Act, 1881 [Entire Act]
Section 202 in The Code of Criminal Procedure, 1973 [Entire Act]
Section 482 in The Code of Criminal Procedure, 1973 [Entire Act]
Section 204 in The Indian Penal Code, 1860 [Entire Act]
Section 138 in The Code of Criminal Procedure, 1973 [Entire Act]
Section 5 in The Companies Act, 1956 [Entire Act]
The Negotiable Instruments Act, 1881
K.K. Ahuja vs V.K. Vora & Anr on 6 July, 2009
21. Thus, as per the position summarized in the above
referred case of K. K. Ahuja (supra), if the accused is
Managing Director or Joint Managing Director, it is not
necessary to make an averments in the complaint to that
effect. It would be sufficient to refer that person as a
Managing Director or Joint Managing Director of the relevant
time since the very effect of the post would make it clear that
they were in charge of and are responsible for the company,
for the conduct and affairs of the company. In a case, where
the Director or an officer of the company who has signed the
cheque on behalf of the company, there would not be any
need to make any specific averments that they were in charge
of and responsible to the company for the conduct of the
business of the company nor would necessary to make any
specific allegation about consent, connivance or negligence.
The very fact that the dishonoured cheque was signed by him
on behalf of the company would give rise to the responsibility
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R/CR.MA/21367/2019 ORDER DATED: 27/09/2021
under Sub-Section (2) of Section 141 of the NI Act.