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    <title>2023 (4) TMI 706 - DELHI HIGH COURT</title>
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    <description>Vicarious criminal liability under Section 141 of the Negotiable Instruments Act is not attracted by designation alone. A complaint against a non-executive, non-signatory director must contain specific, fact-based averments showing that the accused was in charge of and responsible for the company&#039;s business when the offence occurred. Bald or omnibus allegations are insufficient, particularly where the cheque was signed by another officer and the materials indicate a limited role or later resignation. In the absence of such statutory foundation, proceedings for cheque dishonour cannot be sustained against that director.</description>
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      <link>https://www.taxtmi.com/caselaws?id=436680</link>
      <description>Vicarious criminal liability under Section 141 of the Negotiable Instruments Act is not attracted by designation alone. A complaint against a non-executive, non-signatory director must contain specific, fact-based averments showing that the accused was in charge of and responsible for the company&#039;s business when the offence occurred. Bald or omnibus allegations are insufficient, particularly where the cheque was signed by another officer and the materials indicate a limited role or later resignation. In the absence of such statutory foundation, proceedings for cheque dishonour cannot be sustained against that director.</description>
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