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Guest (Guest)     13 July 2009

BOUNCED CHEQUE: DGM CANNOT BE PROSECUTED

 The Supreme Court held last week that a deputy general manager is not a person who is responsible to the company for the conduct of the business of the company and therefore he could not be held liable for issuing a cheque which was dishonoured. The Supreme Court stated in the judgment, KK Ahuja vs VK Vohra, that “it is not proper to subject all and sundry to be impleaded as accused in a complaint against a company, even when the requirements of Sections 138 and 141 of the Negotiable Instruments Act are not fulfilled.” The complaint should state how the accused person was responsible for issuing the cheque by the company, the Supreme Court asserted while quashing the summons against the DGM of a Delhi company.



 2 Replies

Khaleel Ahmed Mohammed (Advocate )     13 July 2009

Thank your for information.

Deekshitulu.V.S.R (B.Sc, B.L)     15 July 2009

Yes friend

Time and again the courts are saying the same but it is not followed.

Take a case of Insecticides Act, or for that purpose any penal Act, which say that "the company and" the person responsible for the conduct of the business of the company" has to be prosecuted, but not all the directors, partners etc of a company or a firm.  What to do the tred is like that


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