https://www.taxtmi.com/caselaws?id=765366 Vicarious liability under section 141 of the Negotiable Instruments Act requires specific averments that a director was in charge of and responsible for the company's business at the time of the offence. A bare recital that directors managed the business is insufficient. Here, the resignation letter and DIR-12 showed that the director had resigned before the cheque was issued, and the complaint contained no material showing his role after resignation or any consent, connivance, or negligence. The proviso requiring forwarding of resignation to the Registrar did not negate the resignation's effectiveness between the director and the company. The prosecution against him was therefore unsustainable and the complaint was quashed insofar as it related to him. en-us Mon, 27 Jan 2025 00:00:00 +0530 Wed, 29 Jan 2025 13:03:28 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=765366 Vicarious liability under section 141 of the Negotiable Instruments Act requires specific averments that a director was in charge of and responsible for the company's business at the time of the offence. A bare recital that directors managed the business is insufficient. Here, the resignation letter and DIR-12 showed that the director had resigned before the cheque was issued, and the complaint contained no material showing his role after resignation or any consent, connivance, or negligence. The proviso requiring forwarding of resignation to the Registrar did not negate the resignation's effectiveness between the director and the company. The prosecution against him was therefore unsustainable and the complaint was quashed insofar as it related to him. Case-Laws Indian Laws Mon, 27 Jan 2025 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=765366