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2019 (4) TMI 791 - HC - Indian LawsDishonor of Cheque - section 138 of the Negotiable Instruments Act, 1881 - acts of commission or omission - vicarious liability under Section 141 of the Negotiable Instruments Act, 1881 - Held that:- Petitioner was also unable to clarify as to whether there has been a cessation in the responsibility of the petitioner in the capacity of Chairman-cum-Managing Director at any point of time over the period and, if so, from what specific date. The averments of the petitioner in these matters are indeed vague and nonspecific. Merely because the petitioner has been accepted as an NRI by the income tax authorities does not mean that there would be no occasion for him to participate in or being responsible for the day-to-day affairs of the company accused, particularly around the period to which the issuance of cheques, their dishonor and failure to pay pursuant to the demand notices relates. The petitioner, at best, raises question of facts which cannot be effectively addressed or determined in the jurisdiction under Section 482 of the Code of Criminal Procedure, 1973. His contentions raise defences which will have to be considered on the basis of evidence led before the trial court. Phese petitions are dismissed with costs of ₹ 20,000/- each.
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