Dishonour of Cheque - vicarious liability of the director - ...
Indian Laws
March 19, 2024
Dishonour of Cheque - vicarious liability of the director - appellant was in-charge of day-to-day affairs of the Company or not - The appellant argued against her vicarious liability under Section 138 of the Negotiable Instruments Act, contending that she was not involved in the company's day-to-day affairs and was not a signatory to the cheques in question. The court found the allegations insufficient to establish the appellant's liability and quashed the proceedings against her. - Mere directorship does not automatically entail liability. - The court noted that the complaint lacked specific averments demonstrating how the appellant was in charge of the company's day-to-day affairs or responsible for its conduct.
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