https://www.taxtmi.com/caselaws?id=159642 Section 141 of the Negotiable Instruments Act creates constructive vicarious liability only where the complaint makes clear and specific averments that the accused was, at the time of the offence, in charge of and responsible for the company's business. Prior directorship or earlier association is insufficient. On the stated facts, the accused had resigned before dishonour, the complainant was aware of that resignation, and the complaint did not allege that he signed the cheque or otherwise controlled its issuance. A new claim of authorised-signatory status could not be raised for the first time. The accused was therefore not prosecutable on the pleaded basis, and the discharge challenge failed. en-us Tue, 13 May 2008 00:00:00 +0530 Thu, 05 Jun 2014 11:12:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=159642 Section 141 of the Negotiable Instruments Act creates constructive vicarious liability only where the complaint makes clear and specific averments that the accused was, at the time of the offence, in charge of and responsible for the company's business. Prior directorship or earlier association is insufficient. On the stated facts, the accused had resigned before dishonour, the complainant was aware of that resignation, and the complaint did not allege that he signed the cheque or otherwise controlled its issuance. A new claim of authorised-signatory status could not be raised for the first time. The accused was therefore not prosecutable on the pleaded basis, and the discharge challenge failed. Case-Laws Companies Law Tue, 13 May 2008 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=159642