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    <title>2019 (12) TMI 927 - DELHI HIGH COURT</title>
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    <description>Vicarious liability under Sections 138 and 141 of the Negotiable Instruments Act requires material showing that the accused was in charge of and responsible for the company&#039;s business at the relevant time. Where the record showed that a director had resigned before the cheque date, and the loan documents allegedly bearing the director&#039;s signatures were found by FSL not to be genuine, the foundation for fastening liability was undermined. On those facts, continuation of the complaint and summoning process was treated as abuse of process, and the proceedings against the director were set aside.</description>
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      <description>Vicarious liability under Sections 138 and 141 of the Negotiable Instruments Act requires material showing that the accused was in charge of and responsible for the company&#039;s business at the relevant time. Where the record showed that a director had resigned before the cheque date, and the loan documents allegedly bearing the director&#039;s signatures were found by FSL not to be genuine, the foundation for fastening liability was undermined. On those facts, continuation of the complaint and summoning process was treated as abuse of process, and the proceedings against the director were set aside.</description>
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