https://www.taxtmi.com/caselaws?id=352831 Vicarious liability for dishonour of cheque prosecution under the Negotiable Instruments Act must be specifically pleaded and strictly established. A complaint cannot sustain a summoning order against a person merely on a bald assertion of directorship or general responsibility; it must set out the role and manner in which the person was in charge of and responsible for the company's business. Where company records do not show the person as a director at the relevant time and the cheques were issued by the Managing Director, criminal process against that person is unsustainable. The summoning order and consequential proceedings were set aside. en-us Tue, 19 Dec 2017 00:00:00 +0530 Fri, 22 Dec 2017 08:09:29 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=352831 Vicarious liability for dishonour of cheque prosecution under the Negotiable Instruments Act must be specifically pleaded and strictly established. A complaint cannot sustain a summoning order against a person merely on a bald assertion of directorship or general responsibility; it must set out the role and manner in which the person was in charge of and responsible for the company's business. Where company records do not show the person as a director at the relevant time and the cheques were issued by the Managing Director, criminal process against that person is unsustainable. The summoning order and consequential proceedings were set aside. Case-Laws Indian Laws Tue, 19 Dec 2017 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=352831