https://www.taxtmi.com/caselaws?id=378133 In a prosecution under Sections 138 and 141 of the Negotiable Instruments Act, 1881, a complaint against directors must contain a specific averment that they were in charge of and responsible for the company's business at the relevant time; the complaint here did so by alleging active participation in day-to-day affairs, family control, and involvement in issuing cheques and stopping payment. In quashing proceedings under Section 482 of the Code of Criminal Procedure, 1973, interference is justified only where the complaint lacks that averment or unimpeachable material shows the director could never have been responsible; no such material existed here. The High Court's quashing order was set aside and the trial court's cognizance was restored. en-us Thu, 28 Feb 2019 00:00:00 +0530 Tue, 09 Aug 2022 18:16:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=378133 In a prosecution under Sections 138 and 141 of the Negotiable Instruments Act, 1881, a complaint against directors must contain a specific averment that they were in charge of and responsible for the company's business at the relevant time; the complaint here did so by alleging active participation in day-to-day affairs, family control, and involvement in issuing cheques and stopping payment. In quashing proceedings under Section 482 of the Code of Criminal Procedure, 1973, interference is justified only where the complaint lacks that averment or unimpeachable material shows the director could never have been responsible; no such material existed here. The High Court's quashing order was set aside and the trial court's cognizance was restored. Case-Laws Indian Laws Thu, 28 Feb 2019 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=378133