https://www.taxtmi.com/caselaws?id=159704 A Magistrate has no power to recall summons once process is validly issued under Section 204 CrPC after cognizance and preliminary statements, so the later recall was unsustainable. In prosecutions for dishonoured cheques, vicarious liability under Section 141 NI Act depends on specific averments that the accused was in charge of and responsible for the company's business, or that the offence occurred with consent, connivance, or neglect. Here, the complaint went beyond a bare recital and alleged participation in meetings and negotiations concerning the cheques and dues, so it disclosed sufficient material to proceed. The dismissal of the complaint proceedings was therefore set aside and summons restored. en-us Tue, 10 Apr 2007 00:00:00 +0530 Wed, 11 Jun 2014 12:46:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=159704 A Magistrate has no power to recall summons once process is validly issued under Section 204 CrPC after cognizance and preliminary statements, so the later recall was unsustainable. In prosecutions for dishonoured cheques, vicarious liability under Section 141 NI Act depends on specific averments that the accused was in charge of and responsible for the company's business, or that the offence occurred with consent, connivance, or neglect. Here, the complaint went beyond a bare recital and alleged participation in meetings and negotiations concerning the cheques and dues, so it disclosed sufficient material to proceed. The dismissal of the complaint proceedings was therefore set aside and summons restored. Case-Laws Companies Law Tue, 10 Apr 2007 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=159704