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    <title>2020 (7) TMI 840 - GAUHATI HIGH COURT</title>
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    <description>Vicarious criminal liability of directors under Section 141 of the Negotiable Instruments Act depends on whether the accused was in charge of and responsible for the company&#039;s business when the offence occurred. A bare averment may be enough to initiate process, but quashing is available where unimpeachable documents show the person had resigned before the cheque was issued and dishonoured and had no role in its issuance. On the materials relied on, the proceedings were quashed against the resigned directors, while the prosecution against the remaining accused continued.</description>
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      <description>Vicarious criminal liability of directors under Section 141 of the Negotiable Instruments Act depends on whether the accused was in charge of and responsible for the company&#039;s business when the offence occurred. A bare averment may be enough to initiate process, but quashing is available where unimpeachable documents show the person had resigned before the cheque was issued and dishonoured and had no role in its issuance. On the materials relied on, the proceedings were quashed against the resigned directors, while the prosecution against the remaining accused continued.</description>
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