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    <title>2022 (8) TMI 1 - BOMBAY HIGH COURT</title>
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    <description>Independent non-executive directors cannot be made vicariously liable under Section 141 of the Negotiable Instruments Act on the basis of a bare, general assertion that they led the company&#039;s affairs; the complaint must contain specific material showing that they were in charge of and responsible for the conduct of business at the relevant time. Where documentary material shows that the accused were independent non-executive directors and the complaint alleges no overt act or active role in the cheque transaction, prosecution under Section 138 read with Section 141 is not justified and the proceedings are liable to be quashed.</description>
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      <description>Independent non-executive directors cannot be made vicariously liable under Section 141 of the Negotiable Instruments Act on the basis of a bare, general assertion that they led the company&#039;s affairs; the complaint must contain specific material showing that they were in charge of and responsible for the conduct of business at the relevant time. Where documentary material shows that the accused were independent non-executive directors and the complaint alleges no overt act or active role in the cheque transaction, prosecution under Section 138 read with Section 141 is not justified and the proceedings are liable to be quashed.</description>
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