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Indian Laws - Highlights / Catch Notes

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Dishonor of Cheque - insufficient funds - vicarious liability of ...

Indian Laws

August 16, 2022

Dishonor of Cheque - insufficient funds - vicarious liability of the petitioner u/s 141 of NI Act after tendering such resignation - the complainant should specifically state as to how and in what manner the accused was responsible - petitioner tendered resignation on 13th March, 2020, and the company in its meeting of Board of directors took the decision on 22nd November, 2021 yet such aspect is inconsequential - A bald cursory statement in a complaint that the Director (arrayed as an accused) is in charge of and responsible for the conduct of the business of the company without anything more as to the role of the Director is not sufficient to make him liable. - HC

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