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    <title>2025 (6) TMI 1800 - CALCUTTA HIGH COURT</title>
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    <description>Vicarious liability under section 141 of the Negotiable Instruments Act cannot be fastened on an ex-director unless the complaint and evidence specifically show that he was in charge of and responsible for the company&#039;s business at the time of the offence. Here, the company had already gone into liquidation before the cheque date, control had passed to the official liquidator, and no specific role of the respondent in issuing the cheque or conducting business was proved. The prosecution also failed to establish reliable service of the statutory demand notice required under section 138. With both foundational ingredients unproved, the acquittal was sustained.</description>
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      <title>2025 (6) TMI 1800 - CALCUTTA HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=773687</link>
      <description>Vicarious liability under section 141 of the Negotiable Instruments Act cannot be fastened on an ex-director unless the complaint and evidence specifically show that he was in charge of and responsible for the company&#039;s business at the time of the offence. Here, the company had already gone into liquidation before the cheque date, control had passed to the official liquidator, and no specific role of the respondent in issuing the cheque or conducting business was proved. The prosecution also failed to establish reliable service of the statutory demand notice required under section 138. With both foundational ingredients unproved, the acquittal was sustained.</description>
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