https://www.taxtmi.com/caselaws?id=401338 A complaint under Section 138 of the Negotiable Instruments Act can proceed against a director only if the pleadings and supporting material show that she was in charge of and responsible for the company's business at the relevant time. Here, the complaint and pre-summoning material lacked particulars after the director specifically denied involvement in day-to-day affairs, and the complainant supplied no date, time or place-based details linking her to the transaction; she also had not signed the cheque or the distributorship agreement. Applying Section 482 CrPC, the Court treated the security-cheque contention as a defence issue, but found the complaint insufficient to sustain vicarious liability under Section 141, so the summoning order could not stand against the director. en-us Tue, 01 Dec 2020 00:00:00 +0530 Fri, 04 Dec 2020 08:05:38 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=401338 A complaint under Section 138 of the Negotiable Instruments Act can proceed against a director only if the pleadings and supporting material show that she was in charge of and responsible for the company's business at the relevant time. Here, the complaint and pre-summoning material lacked particulars after the director specifically denied involvement in day-to-day affairs, and the complainant supplied no date, time or place-based details linking her to the transaction; she also had not signed the cheque or the distributorship agreement. Applying Section 482 CrPC, the Court treated the security-cheque contention as a defence issue, but found the complaint insufficient to sustain vicarious liability under Section 141, so the summoning order could not stand against the director. Case-Laws Indian Laws Tue, 01 Dec 2020 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=401338