https://www.taxtmi.com/caselaws?id=459819 A prosecution under Section 138 of the Negotiable Instruments Act, 1881 could not proceed against a director alone when the cheque was issued on behalf of a company, the company was neither arraigned as an accused nor served with notice, and the requirements of Section 141 were not satisfied. The court held that vicarious liability cannot be fastened on the director in such circumstances, so the complaint was not maintainable. Although the presumption under Section 139 remained unrebutted on the material considered, that did not cure the fatal defect in maintainability arising from non-compliance with Section 141. The conviction and sentence were therefore not sustained. en-us Tue, 19 Mar 2024 00:00:00 +0530 Mon, 30 Dec 2024 19:58:58 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=459819 A prosecution under Section 138 of the Negotiable Instruments Act, 1881 could not proceed against a director alone when the cheque was issued on behalf of a company, the company was neither arraigned as an accused nor served with notice, and the requirements of Section 141 were not satisfied. The court held that vicarious liability cannot be fastened on the director in such circumstances, so the complaint was not maintainable. Although the presumption under Section 139 remained unrebutted on the material considered, that did not cure the fatal defect in maintainability arising from non-compliance with Section 141. The conviction and sentence were therefore not sustained. Case-Laws Indian Laws Tue, 19 Mar 2024 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=459819