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Liability Of Ex-Directors With Regards To Section 138 Of Negotiable Instrument Act, 1881




Diksha Priya, Haldia Law College, West Bengal

ABSTRACT

The present paper looks into the evolution of negotiable instruments concerning resigned Directors and uncashed cheques. The legal framework governing negotiable instruments is a commercial law designed to aid commercial activities and legitimize credit instruments that can easily be transformed into money, transferred from one party to another, and exchanged between banking institutions. Directors, as representatives of their companies, issue cheques to settle their liabilities with a predetermined loan repayment timeline. However, if a director has resigned but remains a co-signatory on a cheque, will they still be accountable for it? The financial sector's growth, especially in banking, has made cheques the most widely used negotiable instrument, but it also brings the risk of insufficient funds during the issuance of cheques. To protect the payee's interests and guarantee justice, Sections 138 to 142 were added to the Negotiable Instruments Act.

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Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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​All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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