https://www.taxtmi.com/caselaws?id=305459 Section 138 liability attaches to the drawer of the cheque, and vicarious liability under Section 141 arises only when the drawer is a company or other juristic entity and the complaint shows that the accused was in charge of and responsible for its business at the relevant time. Where dishonoured cheques were drawn from a director's personal account in his individual capacity, the statutory basis to prosecute another director was absent. A director who had resigned before the cheques were issued or dishonoured could not be proceeded against without material showing control over the company at the relevant time. Mere status as director or issuance of cheques as security was insufficient. en-us Sat, 20 Dec 2008 00:00:00 +0530 Mon, 05 Dec 2022 16:52:20 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=305459 Section 138 liability attaches to the drawer of the cheque, and vicarious liability under Section 141 arises only when the drawer is a company or other juristic entity and the complaint shows that the accused was in charge of and responsible for its business at the relevant time. Where dishonoured cheques were drawn from a director's personal account in his individual capacity, the statutory basis to prosecute another director was absent. A director who had resigned before the cheques were issued or dishonoured could not be proceeded against without material showing control over the company at the relevant time. Mere status as director or issuance of cheques as security was insufficient. Case-Laws Indian Laws Sat, 20 Dec 2008 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=305459