Liability of directors for offences under the Negotiable...

Liability of directors for offences under the Negotiable Instruments Act turns on demonstrable participation in company affairs; documentary indicia such as Form 32, cheque signatory status, and co-signature on balance sheets can support summoning. One director was correctly summoned because records show active involvement; her non-involvement is a defence to be contested at trial. By contrast, resignation properly recorded in Form 32 and board minutes, supported by independent evidence establishing resignation before the cause of action, removes a director from company involvement and warranted quashing of the summoning and discharge in his favour.

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