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    <title>2023 (12) TMI 428 - CALCUTTA HIGH COURT</title>
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    <description>In cheque dishonour prosecutions arising from a company&#039;s cheque, vicarious liability under the Negotiable Instruments Act cannot be fastened on a director alone unless the company is arraigned as an accused and the statutory demand notice requirements are satisfied. The Calcutta HC noted that the cheque was issued in the course of the company&#039;s business, but the company was neither made an accused nor served with demand notice. Without these statutory prerequisites, the complaint was not maintainable against the director alone. The conviction and sentence were set aside, and the director was acquitted under Sections 138 and 141.</description>
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    <pubDate>Fri, 01 Dec 2023 00:00:00 +0530</pubDate>
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      <title>2023 (12) TMI 428 - CALCUTTA HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=446744</link>
      <description>In cheque dishonour prosecutions arising from a company&#039;s cheque, vicarious liability under the Negotiable Instruments Act cannot be fastened on a director alone unless the company is arraigned as an accused and the statutory demand notice requirements are satisfied. The Calcutta HC noted that the cheque was issued in the course of the company&#039;s business, but the company was neither made an accused nor served with demand notice. Without these statutory prerequisites, the complaint was not maintainable against the director alone. The conviction and sentence were set aside, and the director was acquitted under Sections 138 and 141.</description>
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      <pubDate>Fri, 01 Dec 2023 00:00:00 +0530</pubDate>
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