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    <title>2025 (3) TMI 1445 - BOMBAY HIGH COURT</title>
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    <description>Vicarious liability of a company officer in a cheque-dishonour prosecution arises only where the complaint and evidence show that the person was in charge of and responsible for the company&#039;s business, or where consent, connivance or neglect is proved; on the facts, prior correspondence alone did not connect accused No. 4 with the issuance of the relevant cheques or day-to-day business, so leave to appeal against his acquittal was refused. By contrast, the record relating to accused No. 2 contained signed cheques, the parties&#039; agreement, recovery certificates, dishonour memos, statutory notice and oral evidence supporting the debt claim; the appellate finding on absence of legally enforceable liability required scrutiny on merits, so leave to appeal was granted.</description>
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    <pubDate>Wed, 26 Mar 2025 00:00:00 +0530</pubDate>
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      <description>Vicarious liability of a company officer in a cheque-dishonour prosecution arises only where the complaint and evidence show that the person was in charge of and responsible for the company&#039;s business, or where consent, connivance or neglect is proved; on the facts, prior correspondence alone did not connect accused No. 4 with the issuance of the relevant cheques or day-to-day business, so leave to appeal against his acquittal was refused. By contrast, the record relating to accused No. 2 contained signed cheques, the parties&#039; agreement, recovery certificates, dishonour memos, statutory notice and oral evidence supporting the debt claim; the appellate finding on absence of legally enforceable liability required scrutiny on merits, so leave to appeal was granted.</description>
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