Cheque drawn by respondent in his personal capacity and not by company of which he is Managing Director - Company is not liable even if it is for discharging dues of company - Respondent being drawer of cheque is alone liable for offence under S. 138.

Citation

AIR 2015 SUPREME COURT 2579

SUPREME COURT

(From : Bombay)

PINAKI CHANDRA GHOSE , J. and UDAY UMESH LALIT , J.

Criminal Appeal No. 1472 of 2009, D/- 6 - 7 - 2015

Mainuddin Abdul Sattar Shaikh v. Vijay D. Salvi

(A)Negotiable Instruments Act (26 of 1881), S.138 - Dishonour of cheque - Liability - Cheque

drawn by respondent in his personal capacity and not by company of which he is Managing

Director - Company is not liable even if it is for discharging dues of company - Respondent

being drawer of cheque is alone liable for offence under S. 138. Cri. A. No. 646 of 2006, dated

9/10/2007 (Bom.), Reversed.