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    <title>2021 (12) TMI 1008 - DELHI HIGH COURT</title>
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    <description>Vicarious criminal liability under Sections 138 and 141 of the Negotiable Instruments Act attaches only where the director was in charge of and responsible for the company&#039;s business at the time of the offence, and the complaint must contain specific averments showing that role. A bare assertion is insufficient, and a prior personal guarantee deed may create civil exposure but does not by itself establish criminal liability if the director had already resigned before the cheque was issued. The material discussed therefore emphasises that resignation before issuance of the cheque, without evidence of control at the relevant time, defeats criminal attribution under these provisions.</description>
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    <pubDate>Tue, 21 Dec 2021 00:00:00 +0530</pubDate>
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      <title>2021 (12) TMI 1008 - DELHI HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=416242</link>
      <description>Vicarious criminal liability under Sections 138 and 141 of the Negotiable Instruments Act attaches only where the director was in charge of and responsible for the company&#039;s business at the time of the offence, and the complaint must contain specific averments showing that role. A bare assertion is insufficient, and a prior personal guarantee deed may create civil exposure but does not by itself establish criminal liability if the director had already resigned before the cheque was issued. The material discussed therefore emphasises that resignation before issuance of the cheque, without evidence of control at the relevant time, defeats criminal attribution under these provisions.</description>
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      <pubDate>Tue, 21 Dec 2021 00:00:00 +0530</pubDate>
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