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Indian Laws - Highlights / Catch Notes

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Dishonour of Cheque - vicarious liability - resident Indian ...


Executive Directors Liable for Cheque Dishonor: Court Affirms Accountability Under Negotiable Instruments and Companies Acts.

May 10, 2024

Case Laws     Indian Laws     HC

Dishonour of Cheque - vicarious liability - resident Indian Director - The High Court observed that by virtue of being an Executive Director, the petitioner was presumed to be in charge and responsible for the company's operations under the NI Act and Companies Act. The court referenced several Supreme Court decisions to assert that the role of an Executive Director is distinctly accountable for the company's business conduct. The judgments clarified that persons holding managerial or directorial positions could be held accountable for corporate offenses unless they unequivocally demonstrate their non-involvement or exercise of due diligence. - Ultimately, the court dismissed the petitions, reaffirming the summons issued by the Trial Court.

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