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Dishonor of Cheque - framing of charges against the Directors - ...


Directors' Liability in Cheque Dishonor Cases Requires Company to Be Accused First, Per Vicarious Liability Rules.

April 6, 2022

Case Laws     Indian Laws     HC

Dishonor of Cheque - framing of charges against the Directors - vicarious liability - only directors of company is made the accused, leaving the company - commission of offence by the company is an express condition precedent to attract the vicarious liability of others and the word “as well as the company” makes it clear when the company can be prosecuted, then only the persons mentioned in the other categories could be vicariously liable for the offence subject to the averments in the petition and proof thereof that the company is a juristic person. - HC

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