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Vicarious criminal liability of directors under Section 141 of the Negotiable Instruments Act requires strict compliance with the statutory conditions: the complaint must specifically aver how a director was in charge of and responsible for the company's business. General statements that directors managed day-to-day affairs are insufficient, and the complaint must also disclose who signed the dishonoured cheque. As the petition contained only general allegations and no specific role, participation, or cheque-signatory details, the court held that continuation of the proceeding against the petitioner would be an abuse of process and quashed it.
Vicarious criminal liability of directors under Section 141 of the Negotiable Instruments Act requires strict compliance with the statutory conditions: the complaint must specifically aver how a director was in charge of and responsible for the company's business. General statements that directors managed day-to-day affairs are insufficient, and the complaint must also disclose who signed the dishonoured cheque. As the petition contained only general allegations and no specific role, participation, or cheque-signatory details, the court held that continuation of the proceeding against the petitioner would be an abuse of process and quashed it.
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