Administrative fraud classification suspension does not halt independent criminal investigation or warrant-based searches into alleged economic offenc...
Insolvency moratorium does not shield company officers from cheque dishonour prosecution for liability arising before corporate insolvency proceedings...
Vicarious liability of directors for cheque dishonour under Section 141 of the Negotiable Instruments Act requires specific averments showing how and in what manner each director was in charge of, and responsible for, the company's business. A general statement that all directors managed daily affairs is insufficient, particularly where the complaint neither assigns an individual role nor identifies the cheque signatory. The notes state that absent these foundational allegations, proceedings against a non-signatory director amount to abuse of process and may be quashed insofar as that director is concerned.
Vicarious liability of directors for cheque dishonour under Section 141 of the Negotiable Instruments Act requires specific averments showing how and in what manner each director was in charge of, and responsible for, the company's business. A general statement that all directors managed daily affairs is insufficient, particularly where the complaint neither assigns an individual role nor identifies the cheque signatory. The notes state that absent these foundational allegations, proceedings against a non-signatory director amount to abuse of process and may be quashed insofar as that director is concerned.
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