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    <title>Company Secretary cleared in dishonoured cheque case due to lack of responsibility and procedural violations</title>
    <link>https://www.taxtmi.com/highlights?id=89880</link>
    <description>The HC quashed criminal proceedings under Sections 138/141 of the Negotiable Instruments Act against a Company Secretary in a dishonoured cheque case. The Court held that the trial court mechanically issued summons without conducting mandatory inquiry under Section 202 CrPC, violating procedural requirements. The petitioner, being merely a non-executive Company Secretary, was neither a director, shareholder, nor signatory to the dishonoured cheque, and had no role in day-to-day business affairs or financial transactions. The complainant failed to establish the Company Secretary&#039;s responsibility for the company&#039;s conduct. The Court exercised inherent powers under Section 482 CrPC to prevent abuse of process, finding insufficient grounds to proceed against a person with limited liability who was not in charge of business operations.</description>
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    <pubDate>Sat, 28 Jun 2025 08:32:00 +0530</pubDate>
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      <title>Company Secretary cleared in dishonoured cheque case due to lack of responsibility and procedural violations</title>
      <link>https://www.taxtmi.com/highlights?id=89880</link>
      <description>The HC quashed criminal proceedings under Sections 138/141 of the Negotiable Instruments Act against a Company Secretary in a dishonoured cheque case. The Court held that the trial court mechanically issued summons without conducting mandatory inquiry under Section 202 CrPC, violating procedural requirements. The petitioner, being merely a non-executive Company Secretary, was neither a director, shareholder, nor signatory to the dishonoured cheque, and had no role in day-to-day business affairs or financial transactions. The complainant failed to establish the Company Secretary&#039;s responsibility for the company&#039;s conduct. The Court exercised inherent powers under Section 482 CrPC to prevent abuse of process, finding insufficient grounds to proceed against a person with limited liability who was not in charge of business operations.</description>
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      <pubDate>Sat, 28 Jun 2025 08:32:00 +0530</pubDate>
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