In pvt Ltd company has given cheque and it is bounce then who is liable to pay company or its directors individual?
I do agree with AKARAPU UDAYA BHASKER, in addition I want to draw attention towards the fact, the supply order was not fulfilled, thus the post dated cheques dishonoured,in another words there was no liablity of the drawr at the time of presentation of the cheque.
it is very useful for cheque case defence
a nice decision has been delivered by the supreme court.
Sir, you have posted a land mark judgment. As per the judgment it is not meant that all the post dated bounce cheaques are come in to the purview of the judgement. This citation is purely relates to the cheques issued in respect of the advance payment for supply of material but not for all the post dated cheques as caption high lited. Is it correct
A.Sankaranarayanan Advocate Madurai THIS JUDGMENT IS VERY HELPFULL TO DISPOSAL OF UNWANTED FILLINGS OF 138 CASESE EVEN IN THE FILLING STAGE ITSELF,THE LOWER COURTS MUST CONSIDER THE POINT.
The judgement is superb in respect of post-dated cheques issued by accused as an advance payment in respect of purchase orders which is as per prevailing market practice while placing orders with Multi national marketing companies. But the judgement is not applicable in cases where liability is admitted or consent terms are filed and post dated cheques are delivered as per consent terms.
Very Important judgment. It may help to dispose of several cases u/s 138 N.I.Act. Thanks for sharing.
super judgement . very good . most useful against the wrong doers
APPANA VENKATESWARA RAO, ADVOCATE, K.V.R.SWAMY ROAD, RAJAHMUNDRY PH:nO: 9246651550
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