https://www.taxtmi.com/caselaws?id=416637 A complaint under Section 138 read with Section 141 of the Negotiable Instruments Act cannot fasten vicarious criminal liability on non-signatory directors unless it specifically pleads that, at the relevant time, they were in charge of and responsible for the company's business. A bare assertion that they were involved in the company's affairs is insufficient. Magistrates must apply their mind to whether a prima facie case exists before issuing process; mechanical cognizance is not sustainable where the complaint lacks the necessary averment. On the facts stated, the summons issued against the petitioners could not stand. en-us Thu, 16 Dec 2021 00:00:00 +0530 Tue, 04 Jan 2022 07:22:48 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=416637 A complaint under Section 138 read with Section 141 of the Negotiable Instruments Act cannot fasten vicarious criminal liability on non-signatory directors unless it specifically pleads that, at the relevant time, they were in charge of and responsible for the company's business. A bare assertion that they were involved in the company's affairs is insufficient. Magistrates must apply their mind to whether a prima facie case exists before issuing process; mechanical cognizance is not sustainable where the complaint lacks the necessary averment. On the facts stated, the summons issued against the petitioners could not stand. Case-Laws Indian Laws Thu, 16 Dec 2021 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=416637