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    <title>2025 (12) TMI 357 - DELHI HIGH COURT</title>
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    <description>HC dismissed petitions seeking quashing of complaints under S.138 NI Act and the summoning order. It held that, in view of the arbitral award confirming liability under the second loan agreement, the disputed cheque was prima facie issued towards a legally enforceable debt and not merely as security, thus the complaint could not be quashed on that ground. On vicarious liability, applying S.141 NI Act, HC held that the company is primarily liable and its directors/officers can be made liable where the complaint contains specific averments that they were in charge of day-to-day affairs and decision-making. The trial court&#039;s issuance of summons to all directors was upheld.</description>
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      <title>2025 (12) TMI 357 - DELHI HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=782817</link>
      <description>HC dismissed petitions seeking quashing of complaints under S.138 NI Act and the summoning order. It held that, in view of the arbitral award confirming liability under the second loan agreement, the disputed cheque was prima facie issued towards a legally enforceable debt and not merely as security, thus the complaint could not be quashed on that ground. On vicarious liability, applying S.141 NI Act, HC held that the company is primarily liable and its directors/officers can be made liable where the complaint contains specific averments that they were in charge of day-to-day affairs and decision-making. The trial court&#039;s issuance of summons to all directors was upheld.</description>
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