https://www.taxtmi.com/caselaws?id=298676 For vicarious liability under Section 141 of the Negotiable Instruments Act, a criminal complaint must contain specific averments that the accused was, at the time of the offence, in charge of and responsible for the company's business. A bare assertion that the accused was concerned with management is insufficient. Here, the complaint contained no substantive allegations against the director, and the materials also indicated that he had resigned before the relevant statutory steps after dishonour. In the absence of the essential factual foundation, the prosecution could not be sustained and the proceedings were liable to be quashed against him. en-us Wed, 02 Sep 2020 00:00:00 +0530 Sun, 14 Nov 2021 18:45:01 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=298676 For vicarious liability under Section 141 of the Negotiable Instruments Act, a criminal complaint must contain specific averments that the accused was, at the time of the offence, in charge of and responsible for the company's business. A bare assertion that the accused was concerned with management is insufficient. Here, the complaint contained no substantive allegations against the director, and the materials also indicated that he had resigned before the relevant statutory steps after dishonour. In the absence of the essential factual foundation, the prosecution could not be sustained and the proceedings were liable to be quashed against him. Case-Laws Indian Laws Wed, 02 Sep 2020 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=298676