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2022 (12) TMI 559 - DELHI HIGH COURTDishonor of cheque - Vicarious liability of non-executive Director / Promoter - The petitioner challenged the impugned orders on the ground that the impugned orders are abuse of process of law. There is no proximate of direct or indirect involvement of the petitioner in the affairs of the respondent no. 2 as he was only a Non-Executive Director as such, he never involved in its day-to-day activities. - It is argued that the petitioner was appointed as director in the respondent no. 2 only to lend prestige to the respondent no. 2 due to his standing in the society. HELD THAT:- The Form DIR-12 clearly reflects that the petitioner was not away from the affairs of the respondent no. 2 and was directly or indirectly involved in the affairs of the respondent no. 2. The petitioner is not an independent director of the respondent no. 2 although the petitioner is named as Non-Executive Director in Form DIR-12. Mere nomenclature in Form DIR-12 as Non-Executive Directed necessarily does not mean that the petitioner was not directly or indirectly related with the affairs of the respondent no. 2. If the petitioner is having the evidence that he was not responsible for the affairs of the respondent no. 2, it can be established and proved in accordance with law during the trial of the present complaints. Petition dismissed.
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