Profiteering in construction services for failure to pass input tax credit resulted in repayment exceeding the commensurate benefit and closure of pro...
Vicarious liability of directors under the Negotiable Instruments framework was affirmed, with the court applying the statutory presumption in favor of the complainant where cheques bore the director's signature, making a prima facie case for prosecution at the summoning stage; consequence: summoning orders not quashed. The contention of violation of bank mandate, alleged forgery, and mastermind/fraud were held to be triable factual defenses that must be tested at trial and do not negate prima facie liability. The High Court also rejected parallel forum approach and abuse of process by petitioners, noting inherent jurisdiction should be exercised sparingly when revisional remedies exist.
Vicarious liability of directors under the Negotiable Instruments framework was affirmed, with the court applying the statutory presumption in favor of the complainant where cheques bore the director's signature, making a prima facie case for prosecution at the summoning stage; consequence: summoning orders not quashed. The contention of violation of bank mandate, alleged forgery, and mastermind/fraud were held to be triable factual defenses that must be tested at trial and do not negate prima facie liability. The High Court also rejected parallel forum approach and abuse of process by petitioners, noting inherent jurisdiction should be exercised sparingly when revisional remedies exist.
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