When cheque issued by a company is dishonoured, it is essentially an offence committed by company.
Directors and others in charge of company are also liable.
But suppose if Company does not defend itself at all, then it does not prevent other persons to lead evidence that "The Company has not committed offence, and therefore neither company, nor they are liable to be punished"
So, if Company becomes, "Mauni Baba", others can lead evidence to prove that Mauni Baba is not guilty and therefore, they are also not guilty.
Anil Hada Vs Indian Acrylic Limited 1999(7)SCALE 209
Haresh Raichura
13/6/13 12:57
