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    <title>2023 (4) TMI 500 - GUJARAT HIGH COURT</title>
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    <description>Complaints under Section 138 of the Negotiable Instruments Act were not liable to be quashed where the complaint specifically alleged that the applicant signed the shareholders and share subscription agreements as authorised signatory and power of attorney holder, participated in the transaction, and was associated with the company&#039;s affairs. Section 141 requires an averment that the person sought to be liable was, at the relevant time, in charge of and responsible for the conduct of the company&#039;s business. Applying settled principles on vicarious liability in cheque dishonour matters, the High Court held the threshold pleadings were sufficient and that the issue required evidence, not quashing.</description>
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      <description>Complaints under Section 138 of the Negotiable Instruments Act were not liable to be quashed where the complaint specifically alleged that the applicant signed the shareholders and share subscription agreements as authorised signatory and power of attorney holder, participated in the transaction, and was associated with the company&#039;s affairs. Section 141 requires an averment that the person sought to be liable was, at the relevant time, in charge of and responsible for the conduct of the company&#039;s business. Applying settled principles on vicarious liability in cheque dishonour matters, the High Court held the threshold pleadings were sufficient and that the issue required evidence, not quashing.</description>
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