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    <title>2021 (2) TMI 404 - ALLAHABAD HIGH COURT</title>
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    <description>In prosecutions under the Negotiable Instruments Act, vicarious liability of company directors depends on factual averments showing that they were in charge of and responsible for the company&#039;s business at the relevant time. The complaint is not defeated by the absence of exact formulaic words if, read as a whole, it discloses that the directors acted for the company, issued the cheque, or assured its honour. Where the record shows a prima facie case under Section 138, disputed defences such as a blank cheque or forgery are not examined at the quashing stage. The complaint and summoning order were therefore not liable to be quashed.</description>
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      <description>In prosecutions under the Negotiable Instruments Act, vicarious liability of company directors depends on factual averments showing that they were in charge of and responsible for the company&#039;s business at the relevant time. The complaint is not defeated by the absence of exact formulaic words if, read as a whole, it discloses that the directors acted for the company, issued the cheque, or assured its honour. Where the record shows a prima facie case under Section 138, disputed defences such as a blank cheque or forgery are not examined at the quashing stage. The complaint and summoning order were therefore not liable to be quashed.</description>
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