https://www.taxtmi.com/caselaws?id=449614 A resigned director whose cessation was recorded in the company's statutory records before the cheques were issued could not be fastened with vicarious liability under Section 141 of the Negotiable Instruments Act, 1881, because such liability requires material showing that the accused was in charge of and responsible for the company's business at the relevant time. Where the complaint contained no supporting averments or material linking the former director to the issuance of the cheques or the underlying transaction, continuation of the prosecution was treated as an abuse of process. On those facts, the criminal proceedings were liable to be quashed under Section 482 of the Code of Criminal Procedure, 1973. en-us Wed, 14 Feb 2024 00:00:00 +0530 Fri, 16 Feb 2024 07:29:03 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=449614 A resigned director whose cessation was recorded in the company's statutory records before the cheques were issued could not be fastened with vicarious liability under Section 141 of the Negotiable Instruments Act, 1881, because such liability requires material showing that the accused was in charge of and responsible for the company's business at the relevant time. Where the complaint contained no supporting averments or material linking the former director to the issuance of the cheques or the underlying transaction, continuation of the prosecution was treated as an abuse of process. On those facts, the criminal proceedings were liable to be quashed under Section 482 of the Code of Criminal Procedure, 1973. Case-Laws Indian Laws Wed, 14 Feb 2024 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=449614