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Mere Designation as Director Is Insufficient to Prosecute for Cheque Bounce Without Specific Role in Company Affairs Under Sections 138 and 141 of the Negotiable Instruments Act, 1881: Calcutta High Court

18 Jul 2026 5 min read
Mere Designation as Director Is Insufficient to Prosecute for Cheque Bounce Without Specific Role in Company Affairs Under Sections 138 and 141 of the Negotiable Instruments Act, 1881: Calcutta High Court

The Calcutta High Court has held that a Director of a company cannot be prosecuted under Sections 138 and 141 of the Negotiable Instruments Act, 1881 merely because of his designation as a Director. The Court ruled that the complaint must contain specific and clear allegations showing that the Director was in charge of and responsible for the conduct of the company's business at the time the alleged offence was…

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