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Indian Legal Articles: Company Law, Criminal Law and Cheque Dishonour

A curated collection of legal guidance and commentary concerning Indian corporate compliance, criminal law, dividends and negotiable instruments, with context on major legislative changes.

Legal update: Some linked articles were written under the Companies Act, 1956 and Indian Penal Code, 1860. The Companies Act, 2013 and the new criminal laws effective from 1 July 2024 may govern current matters. Historical article titles are retained so existing links remain accessible.

Non-attendance, summons and false information

The original article discusses offences involving avoidance of summons, failure to produce documents and furnishing false information. Its references to IPC sections 172-182 are historical: for conduct governed by the Bharatiya Nyaya Sanhita, 2023, consult the corresponding current provisions and commencement and savings rules.

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Political contributions by companies

The linked article cites section 293A of the 1956 Act. Section 182 of the Companies Act, 2013 governs corporate political contributions. The Supreme Court invalidated the 2017 changes removing certain disclosure and contribution restrictions in its February 2024 electoral bonds judgment; verify the current statutory text and filings before relying on historical summaries.

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Key laws and official references

The Negotiable Instruments Act, 1881 governs cheques, promissory notes and bills of exchange. Section 138 concerns dishonour of a cheque for a legally enforceable debt or liability; section 139 provides a rebuttable presumption in favour of the holder; section 141 deals with offences by companies; and sections 142, 143A and 148 address cognizance, interim compensation and appellate deposits, respectively.

For cheque dishonour, the payee ordinarily must send written demand notice within 30 days of receiving information of dishonour, allow 15 days after receipt of notice for payment, and file the complaint within the prescribed period after the cause of action arises, subject to statutory rules and judicial interpretation.

The Companies Act, 2013 governs board powers (section 180), political contributions (section 182), dividend declarations (section 123), unpaid dividends (section 124), investor protection transfers (section 125), and penalties for failure to distribute dividends (section 127). Criminal-law references must be read with the Bharatiya Nyaya Sanhita, 2023, the Bharatiya Nagarik Suraksha Sanhita, 2023 and applicable transition provisions.