Cheque drawn by employee of appellant-company on his personal account - Even if it be for discharging dues of appellant-company and its Directors - Appellant company and its Directors cannot be made liable u/S.138.

Citation

AIR 2010 SUPREME COURT 2596

SUPREME COURT

(From : Madras)*

ALTAMAS KABIR , J. and DR . MUKUNDAKAM SHARMA , J.

Criminal Appeal No. 1357 of 2010 (arising out of S.L.P. (Cri.) No. 1361 of 2007), D/- 28 - 7 -2010

P.J. Agro Tech. Ltd. and Ors v. Water Base Ltd

Negotiable Instruments Act (26 of 1881), S.138 - Dishonour of cheque - Complaint - Tenable only

against drawer of cheque - Cheque drawn by employee of appellant-company on his personal

account - Even if it be for discharging dues of appellant-company and its Directors - Appellant company and its Directors cannot be made liable u/S.138.

Cri. O.P. No. 22207 of 2003, D/-14-9-2006 (Mad), Reversed.

 (Para 9)