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    <title>2025 (1) TMI 1432 - CALCUTTA HIGH COURT</title>
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    <description>A director who had resigned before the cheque was issued could not be proceeded against under sections 138 and 141 of the Negotiable Instruments Act where the complaint contained no specific averments showing that he was in charge of and responsible for the company&#039;s business at the relevant time. The resignation letter and DIR-12 established cessation from the company before the alleged offence, and later uploading of DIR-12 or internal acceptance could not create vicarious liability for a post-resignation act. A bare recital of statutory language was insufficient, so the complaint and criminal proceeding were quashed as against the petitioner.</description>
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      <title>2025 (1) TMI 1432 - CALCUTTA HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=765367</link>
      <description>A director who had resigned before the cheque was issued could not be proceeded against under sections 138 and 141 of the Negotiable Instruments Act where the complaint contained no specific averments showing that he was in charge of and responsible for the company&#039;s business at the relevant time. The resignation letter and DIR-12 established cessation from the company before the alleged offence, and later uploading of DIR-12 or internal acceptance could not create vicarious liability for a post-resignation act. A bare recital of statutory language was insufficient, so the complaint and criminal proceeding were quashed as against the petitioner.</description>
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