Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1956-Sections 441(2) Companies Act 1881-Section 138 Negotiable Instruments Act 536(2) |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Negotiable Instruments Act, 1881-Section 138-Dishonour of cheque issued by a company-Criminal prosecution under Section 138-Sustainability--Held : company cannot escape from penal liability u/s. 138 on ground that a petition for winding up of company was pending during the relevant time-Companies Act, 1956-Sections 441(2), 536(2). Companies Act, 1956-Sections 441(2), 536(2)-Winding up of a company-Commencement of-Evidence of transfers etc. after commencement of winding up-Disposing of any property by the company would not become 'void' immediately on presentation of petition-Company can not also avert its penal liability under Section 138 of the Negotiable Instruments Act on the ground that winding up petition was pending during the relevant time-Negotiable instruments Act, 1881-Section 138. |
Judge | Hon'ble Mr. Justice K.T. Thomas |
Neutral Citation | 2000 INSC 73 |
Petitioner | Pankaj Mehra And Anr. |
Respondent | State Of Maharashtra And Ors. |
SCR | [2000] 1 S.C.R. 825 |
Judgement Date | 2000-02-15 |
Case Number | 11 |
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