https://www.taxtmi.com/caselaws?id=432545 Prosecution under Section 138 read with Section 141 of the Negotiable Instruments Act requires the company to be arraigned as an accused and the complaint to contain specific averments showing that the directors were in charge of and responsible for the company's business; absent these, vicarious liability is not properly invoked. The cheque dishonour complaint also fails where part-payments made before presentation mean the cheque no longer reflects a legally enforceable debt on the relevant date. On these principles, the cognizance order and subsequent proceedings were quashed as an abuse of process. en-us Tue, 03 Jan 2023 00:00:00 +0530 Mon, 09 Jan 2023 08:56:54 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=432545 Prosecution under Section 138 read with Section 141 of the Negotiable Instruments Act requires the company to be arraigned as an accused and the complaint to contain specific averments showing that the directors were in charge of and responsible for the company's business; absent these, vicarious liability is not properly invoked. The cheque dishonour complaint also fails where part-payments made before presentation mean the cheque no longer reflects a legally enforceable debt on the relevant date. On these principles, the cognizance order and subsequent proceedings were quashed as an abuse of process. Case-Laws Indian Laws Tue, 03 Jan 2023 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=432545