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    <title>2013 (7) TMI 1227 - CALCUTTA HIGH COURT</title>
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    <description>Criminal proceedings under Sections 138 and 141 of the Negotiable Instruments Act were quashed against a director because certified Form-32 showed resignation before the alleged dishonour, and such documentary material was held usable in proceedings under Section 482 CrPC. The Court also found the complaint deficient because it contained only general statements that the director was in charge of the company, without specific averments of his role in the cheque transaction or day-to-day business. In the absence of such particulars, vicarious liability under Section 141 could not be fastened, and continuation of the prosecution was treated as an abuse of process.</description>
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    <pubDate>Fri, 26 Jul 2013 00:00:00 +0530</pubDate>
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      <title>2013 (7) TMI 1227 - CALCUTTA HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=313053</link>
      <description>Criminal proceedings under Sections 138 and 141 of the Negotiable Instruments Act were quashed against a director because certified Form-32 showed resignation before the alleged dishonour, and such documentary material was held usable in proceedings under Section 482 CrPC. The Court also found the complaint deficient because it contained only general statements that the director was in charge of the company, without specific averments of his role in the cheque transaction or day-to-day business. In the absence of such particulars, vicarious liability under Section 141 could not be fastened, and continuation of the prosecution was treated as an abuse of process.</description>
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      <pubDate>Fri, 26 Jul 2013 00:00:00 +0530</pubDate>
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