https://www.taxtmi.com/caselaws?id=360226 A complaint invoking vicarious liability under Section 141 of the Negotiable Instruments Act must contain clear averments that the accused was, at the relevant time, in charge of and responsible for the company's business; mere designation is insufficient and such penal provisions are strictly construed. Where the complaint specifically alleges that the petitioner placed the order and issued the cheques, and the accused do not deny liability in reply to the statutory notice, the objections raise disputed questions of fact. Those factual disputes are not suitable for exercise of inherent jurisdiction to quash the proceedings, so the complaint may proceed. en-us Wed, 11 Apr 2018 00:00:00 +0530 Sat, 12 May 2018 08:43:53 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=360226 A complaint invoking vicarious liability under Section 141 of the Negotiable Instruments Act must contain clear averments that the accused was, at the relevant time, in charge of and responsible for the company's business; mere designation is insufficient and such penal provisions are strictly construed. Where the complaint specifically alleges that the petitioner placed the order and issued the cheques, and the accused do not deny liability in reply to the statutory notice, the objections raise disputed questions of fact. Those factual disputes are not suitable for exercise of inherent jurisdiction to quash the proceedings, so the complaint may proceed. Case-Laws Indian Laws Wed, 11 Apr 2018 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=360226