https://www.taxtmi.com/caselaws?id=159696 Proceedings under Section 138 read with Section 141 of the Negotiable Instruments Act could not be quashed at the threshold merely because the complaint allegedly did not sufficiently spell out the accused's role in the company. Whether the accused was in charge of and responsible for the conduct of the company's business, and whether the deeming provision in Section 141(2) applied, were matters requiring evidence at trial. The defence of lack of knowledge or due diligence under the proviso to Section 141(1) also lay on the accused. The criminal prosecution was therefore held triable and was allowed to proceed before the trial court. en-us Mon, 25 Apr 2005 00:00:00 +0530 Sat, 14 Jun 2014 13:36:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=159696 Proceedings under Section 138 read with Section 141 of the Negotiable Instruments Act could not be quashed at the threshold merely because the complaint allegedly did not sufficiently spell out the accused's role in the company. Whether the accused was in charge of and responsible for the conduct of the company's business, and whether the deeming provision in Section 141(2) applied, were matters requiring evidence at trial. The defence of lack of knowledge or due diligence under the proviso to Section 141(1) also lay on the accused. The criminal prosecution was therefore held triable and was allowed to proceed before the trial court. Case-Laws Companies Law Mon, 25 Apr 2005 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=159696