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    <title>2023 (8) TMI 1311 - DELHI HIGH COURT</title>
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    <description>Complaints under the Negotiable Instruments Act will not be quashed at the threshold where the pleadings contain substantive averments linking the accused to the company&#039;s transaction and cheque issuance, and where the accused cannot produce unimpeachable material showing prior cessation of responsibility. The Delhi High Court applied settled Section 141 principles on vicarious liability, distinguishing between persons actually in charge of the company&#039;s business and those liable by designation alone. It found that allegations of participation in negotiations, financial arrangements, email correspondence, and delivery of the disputed cheques were sufficient to defeat quashing, and that an uncorroborated plea of resignation did not conclusively displace criminal process. The summoning orders and refusal to discharge were upheld.</description>
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    <pubDate>Mon, 21 Aug 2023 00:00:00 +0530</pubDate>
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      <description>Complaints under the Negotiable Instruments Act will not be quashed at the threshold where the pleadings contain substantive averments linking the accused to the company&#039;s transaction and cheque issuance, and where the accused cannot produce unimpeachable material showing prior cessation of responsibility. The Delhi High Court applied settled Section 141 principles on vicarious liability, distinguishing between persons actually in charge of the company&#039;s business and those liable by designation alone. It found that allegations of participation in negotiations, financial arrangements, email correspondence, and delivery of the disputed cheques were sufficient to defeat quashing, and that an uncorroborated plea of resignation did not conclusively displace criminal process. The summoning orders and refusal to discharge were upheld.</description>
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