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    <title>2022 (11) TMI 855 - Supreme Court</title>
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    <description>Prosecution of a company director under Section 138 of the Negotiable Instruments Act requires strict compliance with Section 141: the company must be arraigned as an accused, and the complaint must specifically aver that the director was in charge of and responsible for the conduct of the company&#039;s business at the relevant time. A bare description as director is insufficient to attract vicarious criminal liability. On the facts stated, the complaint omitted both the company and the necessary averments, so the proceedings against the director were not maintainable and the quashing was upheld.</description>
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      <description>Prosecution of a company director under Section 138 of the Negotiable Instruments Act requires strict compliance with Section 141: the company must be arraigned as an accused, and the complaint must specifically aver that the director was in charge of and responsible for the conduct of the company&#039;s business at the relevant time. A bare description as director is insufficient to attract vicarious criminal liability. On the facts stated, the complaint omitted both the company and the necessary averments, so the proceedings against the director were not maintainable and the quashing was upheld.</description>
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