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2020 (1) TMI 798 - HC - Indian LawsDishonor of cheque - Responsibility of Director not engaged in day to day affair of the company - Director having majority shareholding - offence u/s 138 of the Negotiable Instruments Act, 1881 - HELD THAT:- As per Section 141(1) of the N.I. Act, the person, who was incharge of and responsible to the Company for the conduct of the business of the Company, as well as the Company, shall be deemed to be guilty of the offence - In the present, although the petitioner is the Director of the Company, she is not responsible for the day to day affairs of the Company. The complainant in his complaint has not alleged the specific role against the petitioner, to the fact that how she is responsible for issuance of the cheque. It is also perused that even the cheque has not been signed by the petitioner. Thus, as per this section, the person, who was incharge of and responsible to the Company for the conduct of the business of the Company, as well as the Company, shall be deemed to be guilty of the offence.. In the present, although the petitioner is the Director of the Company, she is not responsible for the day to day affairs of the Company. The complainant in his complaint has not alleged the specific role against the petitioner, to the fact that how she is responsible for issuance of the cheque. It is also perused that even the cheque has not been signed by the petitioner - the criminal proceedings against the present petitioner would amount to abuse of process of law. Petition allowed.
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