https://www.taxtmi.com/caselaws?id=451190 A director who had resigned before the cheque was issued and dishonoured cannot be fastened with vicarious liability under Sections 138 and 141 of the Negotiable Instruments Act in the absence of specific averments showing that he was in charge of and responsible for the company's business at the relevant time. Documentary records such as resignation documents, Form DIR-12 filings and MCA records, if undisputed, support the conclusion that the person had ceased to be a director before the offence date. A bare statement that accused persons handled day-to-day affairs is insufficient, and mere reproduction of statutory language does not sustain prosecution. Proceedings against such former directors are liable to be quashed. en-us Wed, 20 Mar 2024 00:00:00 +0530 Fri, 22 Mar 2024 08:35:18 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=451190 A director who had resigned before the cheque was issued and dishonoured cannot be fastened with vicarious liability under Sections 138 and 141 of the Negotiable Instruments Act in the absence of specific averments showing that he was in charge of and responsible for the company's business at the relevant time. Documentary records such as resignation documents, Form DIR-12 filings and MCA records, if undisputed, support the conclusion that the person had ceased to be a director before the offence date. A bare statement that accused persons handled day-to-day affairs is insufficient, and mere reproduction of statutory language does not sustain prosecution. Proceedings against such former directors are liable to be quashed. Case-Laws Indian Laws Wed, 20 Mar 2024 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=451190