https://www.taxtmi.com/caselaws?id=420395 For prosecution under Section 138 read with Section 141 of the Negotiable Instruments Act, the complaint must contain specific averments that the accused director was in charge of and responsible for the company's business; mere designation as a director is insufficient. Where the complaint pleads active participation in business transactions, settlement of accounts, and concerted action in issuing cheques, vicarious liability can be made out. A prior civil injunction does not bar criminal proceedings, and disputed factual questions are not ordinarily resolved in quashing jurisdiction under Section 482 CrPC when the complaint otherwise discloses the ingredients of the offence. en-us Fri, 25 Mar 2022 00:00:00 +0530 Fri, 01 Apr 2022 20:39:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=420395 For prosecution under Section 138 read with Section 141 of the Negotiable Instruments Act, the complaint must contain specific averments that the accused director was in charge of and responsible for the company's business; mere designation as a director is insufficient. Where the complaint pleads active participation in business transactions, settlement of accounts, and concerted action in issuing cheques, vicarious liability can be made out. A prior civil injunction does not bar criminal proceedings, and disputed factual questions are not ordinarily resolved in quashing jurisdiction under Section 482 CrPC when the complaint otherwise discloses the ingredients of the offence. Case-Laws Indian Laws Fri, 25 Mar 2022 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=420395