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    <title>2022 (8) TMI 607 - CALCUTTA HIGH COURT</title>
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    <description>Vicarious liability under Section 141 of the Negotiable Instruments Act applies only where the complaint and supporting materials show that the accused was, at the time of the offence, in charge of and responsible for the company&#039;s business. A former director who had resigned before the cheque dates could not be proceeded against where corporate records showed cessation of office and he was neither drawer nor signatory of the cheques. A bare assertion that directors handled day-to-day affairs was insufficient without specific averments explaining the petitioner&#039;s role. The criminal proceeding was held unsustainable and quashed as an abuse of process.</description>
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      <description>Vicarious liability under Section 141 of the Negotiable Instruments Act applies only where the complaint and supporting materials show that the accused was, at the time of the offence, in charge of and responsible for the company&#039;s business. A former director who had resigned before the cheque dates could not be proceeded against where corporate records showed cessation of office and he was neither drawer nor signatory of the cheques. A bare assertion that directors handled day-to-day affairs was insufficient without specific averments explaining the petitioner&#039;s role. The criminal proceeding was held unsustainable and quashed as an abuse of process.</description>
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