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    <title>1999 (8) TMI 1019 - MADRAS HIGH COURT</title>
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    <description>Stop-payment dishonour of a cheque falls within Section 138 of the Negotiable Instruments Act, and refusal to receive statutory notice amounts to valid service, so prosecution can proceed on that basis. Vicarious liability under Section 141(1) arises only where the complaint contains sufficient averments that the accused officers were in charge of and responsible for the company&#039;s business at the time of the offence; bald assertions are not enough, so proceedings against directors lacking such material were quashed. Objections based on lack of prior written authorisation to file the complaint were rejected, and cheques said to be security cheques remained enforceable despite encashment of interest cheques.</description>
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    <pubDate>Mon, 16 Aug 1999 00:00:00 +0530</pubDate>
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      <title>1999 (8) TMI 1019 - MADRAS HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=307718</link>
      <description>Stop-payment dishonour of a cheque falls within Section 138 of the Negotiable Instruments Act, and refusal to receive statutory notice amounts to valid service, so prosecution can proceed on that basis. Vicarious liability under Section 141(1) arises only where the complaint contains sufficient averments that the accused officers were in charge of and responsible for the company&#039;s business at the time of the offence; bald assertions are not enough, so proceedings against directors lacking such material were quashed. Objections based on lack of prior written authorisation to file the complaint were rejected, and cheques said to be security cheques remained enforceable despite encashment of interest cheques.</description>
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