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    <title>2008 (5) TMI 420 - Supreme Court</title>
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    <description>Liability of company officers under section 141 of the Negotiable Instruments Act depends on clear averments that, when the offence was committed, they were in charge of and responsible for the company&#039;s business. Mere designation as a director is not sufficient, but the complaint must be read as a whole to see whether the necessary factual foundation is pleaded. Where the complaint specifically states that the Chairman handled day-to-day affairs and that the Joint Managing Director and Directors were responsible officers liable for repayment of the dishonoured cheque amounts, those averments are adequate at the pre-trial stage. The proceedings therefore could not be quashed at the threshold.</description>
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      <title>2008 (5) TMI 420 - Supreme Court</title>
      <link>https://www.taxtmi.com/caselaws?id=111847</link>
      <description>Liability of company officers under section 141 of the Negotiable Instruments Act depends on clear averments that, when the offence was committed, they were in charge of and responsible for the company&#039;s business. Mere designation as a director is not sufficient, but the complaint must be read as a whole to see whether the necessary factual foundation is pleaded. Where the complaint specifically states that the Chairman handled day-to-day affairs and that the Joint Managing Director and Directors were responsible officers liable for repayment of the dishonoured cheque amounts, those averments are adequate at the pre-trial stage. The proceedings therefore could not be quashed at the threshold.</description>
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