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    <title>2001 (3) TMI 970 - HIGH COURT OF BOMBAY</title>
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    <description>Complaints under the Negotiable Instruments Act attract vicarious liability under section 141 only if they specifically plead that the accused was in charge of and responsible for the company&#039;s business; complaints containing those averments were maintainable, while bare references to a former office-holder were deficient. On a recall application, the court may consider reliable material showing resignation from directorship before the relevant date. Where resignation was admitted or supported by consistent documents, it was accepted as effective from the date tendered; where resignation itself was disputed, the issue was left for trial. Process was upheld in matters with sufficient averments or an unshaken prosecution case, and set aside where pleadings were lacking or the resignation defence required trial.</description>
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    <pubDate>Thu, 01 Mar 2001 00:00:00 +0530</pubDate>
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      <title>2001 (3) TMI 970 - HIGH COURT OF BOMBAY</title>
      <link>https://www.taxtmi.com/caselaws?id=108901</link>
      <description>Complaints under the Negotiable Instruments Act attract vicarious liability under section 141 only if they specifically plead that the accused was in charge of and responsible for the company&#039;s business; complaints containing those averments were maintainable, while bare references to a former office-holder were deficient. On a recall application, the court may consider reliable material showing resignation from directorship before the relevant date. Where resignation was admitted or supported by consistent documents, it was accepted as effective from the date tendered; where resignation itself was disputed, the issue was left for trial. Process was upheld in matters with sufficient averments or an unshaken prosecution case, and set aside where pleadings were lacking or the resignation defence required trial.</description>
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      <pubDate>Thu, 01 Mar 2001 00:00:00 +0530</pubDate>
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