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Pralay Mukhopadhyay (student)     30 September 2012

Section 141 of ni act

can anyone tell me with proper case that where a company was not able to make payment and its sister concer isseued cheque for the purpose which were  dishonoured can the sister concern can escape his liablity under the ni act? if it can not escape liability  by saying that cheque were issued for others comapny debt   Then  it was held that  mere issuance of cheque by one person to discharge the liablity of another person can not make them  to be member of an association (riten ashokbhai shah v sanjaykunubhai sheth 2004) how it is m confused with that can anyone help me with  some guide line .


 3 Replies

DAULAT DILBAUG (Problems related to money marriage     30 September 2012

Drawer of cheque is liable . It is contructive laiblity.

Kiran Kumar (Lawyer)     30 September 2012

the question here is not of vicarious liability.


the complaint is maintainable against the Drawer of the cheque

v.lakshminarayanan (prop)     30 September 2012

dear members

our learned adv friend is i think right. there is liability of the parent company only. the sister company does not have any privity of contract with the holder of the cheque.





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