https://www.taxtmi.com/caselaws?id=776453 In a cheque dishonour complaint under Section 138 read with Section 141 of the Negotiable Instruments Act, a director can be proceeded against where the complaint and notice contain a specific averment that the director was in charge of and responsible for the company's business; exact statutory wording is not required if the substance of the allegation is clear. On the facts noted, the company had only two directors and the material attributed responsibility to the respondent, so discharge was not justified. In a summons case, an application for discharge under Section 251 of the Code of Criminal Procedure after issuance of process is not maintainable; the proper remedy is to challenge the summoning order. The discharge order was therefore set aside. en-us Thu, 07 Aug 2025 00:00:00 +0530 Tue, 12 Aug 2025 08:32:23 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=776453 In a cheque dishonour complaint under Section 138 read with Section 141 of the Negotiable Instruments Act, a director can be proceeded against where the complaint and notice contain a specific averment that the director was in charge of and responsible for the company's business; exact statutory wording is not required if the substance of the allegation is clear. On the facts noted, the company had only two directors and the material attributed responsibility to the respondent, so discharge was not justified. In a summons case, an application for discharge under Section 251 of the Code of Criminal Procedure after issuance of process is not maintainable; the proper remedy is to challenge the summoning order. The discharge order was therefore set aside. Case-Laws Indian Laws Thu, 07 Aug 2025 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=776453