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    <title>2023 (6) TMI 894 - GUJARAT HIGH COURT</title>
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    <description>Section 138 prosecution for cheque dishonour against a director or proprietor was held not maintainable where the company was not arraigned as an accused. Applying Section 141, the Court reiterated that vicarious liability for company-related offences arises only when the company, as the principal offender, is prosecuted, and that penal provisions must be strictly construed. The complaint also lacked necessary averments showing the accused&#039;s role in the conduct of the company&#039;s business. On these grounds, no basis was found to interfere with the acquittal, and leave to appeal was refused.</description>
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    <pubDate>Tue, 06 Jun 2023 00:00:00 +0530</pubDate>
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      <title>2023 (6) TMI 894 - GUJARAT HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=439320</link>
      <description>Section 138 prosecution for cheque dishonour against a director or proprietor was held not maintainable where the company was not arraigned as an accused. Applying Section 141, the Court reiterated that vicarious liability for company-related offences arises only when the company, as the principal offender, is prosecuted, and that penal provisions must be strictly construed. The complaint also lacked necessary averments showing the accused&#039;s role in the conduct of the company&#039;s business. On these grounds, no basis was found to interfere with the acquittal, and leave to appeal was refused.</description>
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      <pubDate>Tue, 06 Jun 2023 00:00:00 +0530</pubDate>
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