Retrospective application of beneficial circulars upheld, binding officers and granting post adjudication relief where adjudication occurred after cir...
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Dishonour of cheque prosecutions require direct involvement by individual officers to impose vicarious liability; independent and non executive directors who lack executive control and pecuniary interest are not in charge of company affairs and cannot be held liable absent specific nexus to the financial transactions, and summons against such directors were quashed. By contrast, a chief financial officer is part of key managerial personnel with primary responsibility for accounting and financial administration; liability for negotiable instrument dishonour was maintained against the CFO and his summons upheld.
Dishonour of cheque prosecutions require direct involvement by individual officers to impose vicarious liability; independent and non executive directors who lack executive control and pecuniary interest are not in charge of company affairs and cannot be held liable absent specific nexus to the financial transactions, and summons against such directors were quashed. By contrast, a chief financial officer is part of key managerial personnel with primary responsibility for accounting and financial administration; liability for negotiable instrument dishonour was maintained against the CFO and his summons upheld.
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