https://www.taxtmi.com/caselaws?id=456734 For a prosecution under Sections 138 and 142 of the Negotiable Instruments Act based on a company cheque, the company must be arraigned as the principal accused and statutory notice must be served on the drawer company. Vicarious liability under Section 141 can arise only when these foundational requirements are met and the complaint contains specific averments showing that the director or officer was in charge of the company's business at the relevant time. A person cannot be fastened with criminal liability merely because of prior office held. On these facts, the complaint was not maintainable and the proceedings were quashed. en-us Mon, 04 Apr 2022 00:00:00 +0530 Sat, 10 Aug 2024 18:36:19 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=456734 For a prosecution under Sections 138 and 142 of the Negotiable Instruments Act based on a company cheque, the company must be arraigned as the principal accused and statutory notice must be served on the drawer company. Vicarious liability under Section 141 can arise only when these foundational requirements are met and the complaint contains specific averments showing that the director or officer was in charge of the company's business at the relevant time. A person cannot be fastened with criminal liability merely because of prior office held. On these facts, the complaint was not maintainable and the proceedings were quashed. Case-Laws Indian Laws Mon, 04 Apr 2022 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=456734